subject to exceptions
, the relevant policy gives effect to an extant decision-making framework (the Rules) which is comprehensive and lawfully admits of no exception.” (para 36(ii)(a)) “…the present situation is a case of a lawful bright-line rule
- 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