Case No. UKUT-00094-(IAC)

Introduction 1. This is an application for judicial review challenging a decision of the respondent dated 4 February 2020 to refuse to grant the applicant, a citizen of Afghanistan with protection proceedings pending before the Special Immigration Appeals Commission (“SIAC”), permission, in principle, to work in any capacity other than in a role on the Secretary of State’s “shortage occupation list” (“the SOL”), pursuant to her Permission to work and volunteering for asylum seekers policy, version 8.0, 22 May 2019 (“the Work Policy”). In this decision, I refer to the Secretary of State’s decision of 4 February 2020 as “the February 2020 decision”. 2. The applicant has obtained an offer of work as a delivery driver for a pizza and chicken fast food outlet. In the February 2020 decision, the Secretary of State refused to grant permission to take up that position on the basis that the role of delivery driver does not feature on the SOL, and, as such, the role would be incompatible with the Work Policy. The Secretary of State did not consider whether, if she were willing in principle to grant the applicant permission to work as a delivery driver, it would engage any national security considerations. National security matters are outside the scope of these proceedings. 3. On 19 May 2020, Upper Tribunal Judge Coker ordered that the applicant be granted anonymity in these proceedings in terms that mirror the anonymity he enjoys in the ongoing SIAC proceedings. Judge Coker also refused an application for this application for judicial review to be case managed by Mrs Justice Laing, the then President of SIAC, on the basis that the application did not raise matters that were outside the jurisdiction or competence of the Upper Tribunal. Before me, there has been no attempt to revisit Judge Coker’s decision that this application is within the institutional competence of the Upper Tribunal, and no issues arose which gave me cause to do so of my own motion. 4. Permission to make this application was granted by Upper Tribunal Judge Owens on all grounds on 30 July 2020. IJ (Kosovo): written submissions 5. On 18 December 2020, the Mr Justice Bourne handed down judgment in