R (oao Countryside Alliance and others and others) v Her Majesty's Attorney General and another
[2006] EWCA Civ 817 as “a very extreme case on its facts”. 90. I reject Ms Harrison’s submission that the High Court in Rostami , and the Court of Appeal in Negassi , are restricted to their facts. This applicant is subject to a range of SIAC bail conditions which impose significant restrictions on his liberty; to the extent there is an interference with his private life Article 8 rights due to those restrictions, that interference is caused by the SIAC bail conditions imposed in consequence to the applicant’s national security risk, rather than the terms of the Work Policy, or the February 2020 decision. So much is clear from paragraph 29 of the applicant’s 4 February 2020 application for permission to work: “[C6] is in a unique situation. He has been under restrictive bail conditions for the last five years that have seriously restricted his movements and his ability to occupy his time…” 91. The only example of Article 8 being found to be engaged by a decision concerning an asylum seekers’ access to the labour market is
- 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
