asylum seekers, failed asylum seekers, and those who have submitted protection based further submissions
. It applies to applications which fall to be considered under part 11B, paragraphs 360 to 360E of the Immigration Rules and it explains the policy, process and procedure which must be followed when considering such applications. It also covers volunteering.” (emphasis added)26.See also page 5:“This guidance explains how caseworkers must consider applications under Part 11B, paragraphs 360 to 360E of the Immigration Rules for permission to work
- J U D G M E N T
- Permission to work and volunteering for asylum seekers, version 10.0
- Judge Stephen Smith:
- FACTUAL BACKGROUND
- PROCEDURAL BACKGROUND
- LEGAL FRAMEWORK
- asylum seekers, failed asylum seekers, and those who have submitted protection based further submissions
- from those who have lodged an asylum claim or further submission which remains outstanding
- SUBMISSIONS
- DISCUSSION
- in order to strike it down as unlawful it was held that it was necessary to show that it would be incapable of being operated in a proportionate way and so was inherently unjustified in all or nearly all cases.
- if it were followed it would inevitably result in some decisions which were unlawful
- CONCLUSION