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.
” (emphasis added)54.The relevant immigration rule was upheld. In relation to the guidance that was also under challenge, the Supreme Court’s operative conclusion in Bibi was summarised by the court in A in these terms:“On the other hand, the court was of the view that the policy was unlawful and required amendment, because
- 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