More Asylum Seekers Can Work
posted: 29/07/2010
UPDATED 23 August
New Immigration Rules following the Supreme Court's decision will begin on 9 September and updated guidance has been produced by the UKBA
People who have been waiting for a decision on their asylum claim for more than one year now have the legal right to work, even when they have made a fresh claim. People applying for asylum are not normally allowed to work. If people seeking asylum are still waiting for the first decision on their claim for 12 months or more, then they can ask for permission to work. Few people wait this long for the first decision on asylum claims so this rule does not help many people to work.
But yesterday the Supreme Court opened the door to many more people. It ruled that people who have made a fresh claim for asylum have the same right, if they have waited 12 months or more in total for a decision on their first and a later fresh claim.
Campaign Success
This is excellent news for many asylum seekers with HIV and other asylum seekers who do not want to be dependant on the state, but who are keen to work and use their skills to support themselves and their families.George House Trust has supported the national campaign for the right to work and welcomes the decision of the Supreme Court.
The Supreme Court was politely but firmly dismissive and critical of the Home Secretary’s weak case. The previous Secretary of State Alan Johnson, decided to appeal against the Court of Appeal’s ruling in April last year which first allowed the right to work.
In a landmark ruling, the Supreme Court has now recognised that people who have submitted new evidence to support their claim for asylum (a 'fresh claim'), and who have waited longer than 12 months for a Home Office decision on their initial claim, should be given permission to work.
Thanks to EU
This is because they are included within the EU ‘Reception Directive’ from the time their application first application was sent in. The Reception Directive says that an asylum seeker can apply for permission to work if they have not had a decision on their claim from the Home Office after 12 months.
The Supreme Court dismissed the Secretary of State’s arguments that a fresh application for asylum does not fall within the EU's Reception Directive. The Court said it didn’t accept that this would lead to a rush of unmerited fresh applications being made, and that anyway denying people their right to work was not the proper way to prevent that happening.
Welcome for judgement
Jonathan Ellis, Chief Executive of the Refugee Council said:
“We welcome the Supreme Court’s decision to accept that an asylum seeker who has submitted a fresh claim for asylum should be given permission to work after they have waited twelve months for a decision on their claim. The appeal by the former Secretary of State against the Court of Appeal’s decision that this person should be allowed to work, has wasted valuable time and resources at time when asylum seekers should have been supported to get on with their lives rather than face destitution.
“The vast majority of asylum seekers who come to the UK would rather support themselves through work than be forced to be homeless or to rely on Government support. Denying asylum seekers the chance to work means they cannot contribute to the UK economy and condemns asylum seekers and their families to abject poverty. We would urge the government to ensure those who have submitted fresh claims for asylum will now be granted support and permission to work under this ruling immediately.”
Get advice first before working
People who think they now have the right to work should seek advice from their immigration adviser about applying for permission to work. People are not allowed to simply start working.
Source
Press summary of Judgment - produced by the Supreme Court
The full Supreme Court judgment is not yet available on the court's website - search here later for [2010] UKSC 36
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