Permission to work and volunteering for asylum seekers, version 10.0
, does not breach Articles 8 and 14 of the European Convention on Human Rights on account of the absence of any express reference to the Secretary of State’s residual discretion to grant permission to work to the dependents of asylum seekers.
- 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