Case No. UKUT-00299-(IAC)

. It also provides guidance on the fact that asylum seekers can undertake volunteering at any stage of the asylum process.” (Emphasis added)27.The PTW guidance later summarises the underlying intention of the policy reflected by the Immigration Rules concerning asylum seekers’ access to the labour market and sets out practical instructions arising from the process of granting or refusing applications. 28.At page 11, under the heading Dependents, the PTW guidance states:“There is no provision in the Immigration Rules to grant permission to work to dependants of an asylum seeker or failed seeker even where the claim or further submission has been outstanding for more than 12 months. Where permission to work is granted to the main claimant caseworkers need to make clear that this permission does not extend to any dependants.”29.At page 16, under the heading Application of discretion, it provides:“Where the Immigration Rules are not met, it will be justifiable to refuse an application for permission to work unless there are exceptional circumstances raised by the claimant. If caseworkers consider that the circumstances of an application are exceptional they should refer the matter to a technical specialist to review whether the matter should be considered on a discretionary basis (under our residual discretion flowing from Section 3 of the Immigration Act 1971). Such discretion would allow a grant of permission to work, notwithstanding the requirements of the Immigration Rules. What amounts to exceptional circumstances will depend upon the particular facts of each case. A grant of permission to work on a discretionary basis is expected to be rare and only in exceptional circumstances. In cases involving victims and potential victims of trafficking the primary objectives of the Council of Europe Convention on Action against Trafficking in Human Beings (ECAT) will be a relevant consideration, particularly with regards to their physical, psychological and social recovery. The caseworker should consider all the factual information and evidence submitted ensuring it is fully addressed particularly where a decision has been taken to consider the application on a discretionary basis.”Discrimination contrary to Article 14 ECHR30.Article 8 ECHR provides:“1.Everyone has the right to respect for his private and family life, his home and his correspondence. 2.There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”31.Article 14 ECHR provides:“The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.”