not normally qualify
for the exercise of discretion in line with the main applicant and would be expected to qualify for leave to enter or remain in the UK under the relevant provisions of the Immigration Rules, for example under paragraph 317, or under the provisions of Article 8 of the Human Rights Act.
- JUDGMENT
- Permission to work and volunteering for asylum seekers
- Upper Tribunal Judge Stephen Smith:
- IJ (Kosovo)
- British Oxygen Co. Ltd v Minister of Technology
- Therefore, your client does not qualify for permission to work in the UK.
- RELEVANT LAW AND POLICY
- Rostami
- Gurung) v Secretary of State for the Home Department
- R (oao) Lumba v Secretary of State for the Home Department and others
- not normally
- and it is not possible to exercise discretion in their favour
- other – give detail
- must be restricted to jobs on the Shortage Occupation List
- unless it is appropriate to make an exemption
- subject to exceptions
- from which exceptions may be made
- which may be departed from in an exceptional case
- from which the decision-maker may exceptionally
- the decision maker having the power to depart from a policy in an exceptional case
- Gurung
- not normally qualify
- Exceptional circumstances may be considered on a case by case basis. For more information on the exceptional circumstances in which discretion may be exercised see [para] 13.2
- Budd
- Negassi
- Sidabras
- R (oao Countryside Alliance and others and others) v Her Majesty's Attorney General and another
- Tekle
- SUMMARY OF DECISION