Case No. UKUT-00299-(IAC)

13.By an order dated 11 November 2021, Bourne J granted the applicant permission to bring these proceedings solely in relation to ground 4, which contends that the policy of treating main applicants and their dependents differently as regards permission to work breaches Article 8 ECHR read with Article 14 ECHR, giving the following reasons:“As to Ground 4, it is arguable that the Respondent’s policy as to whether the dependants of asylum applicants are permitted to work is within the ambit of ECHR Article 8, and that such persons have a ‘status’, for the purposes of Article 14. The only justification advanced for the policy is the aim of ‘protecting the domestic labour force’. Whilst the Tribunal will have to bear in mind the high threshold for interfering with the Secretary of State’s judgment in matters of that kind, it is arguable that a lack of any discretion engages Article 14 and is not proportionate.”14.Permission was refused on grounds 1 to 3 and the applicant did not apply to renew his application orally in relation to those grounds, which related to the exercise of discretion outside the Immigration Rules (ground 1), a failure to give sufficient reasons (ground 2), and a claimed failure to apply the PTW guidance (ground 3). In refusing permission, Bourne J said:“The other grounds are not arguable as it appears that the Guidance only concerns asylum applicants rather than dependents and therefore that there is indeed no discretion in favour of dependents.”