New Case -Work permission for Asylum Applicants with fresh claim

Sunday, 31 May 2009 20:36

A new case on permission to work may mean that failed asylum seekers with fresh claims may be given permission to work. However, they will be no better off than on their initial asylum application, and will have to wait for a year after making their fresh claim.  Only then, if their fresh claim has not been finally decided will they be given permission to work.

However, the Home Office has announced that they are appealing this decision and will not implement it until the appeal is heard.

Asylum seekers who are in this position should contact their solicitor or immigration adviser to ask them to request permission to work.  The NRC Advice Service is not recommending asylum seekers in South Yorkshire to request permission until the appeal is heard or the Home Office start granting permission.

The Court of Appeal decided this on 20th May in  the case of ZO (Somalia) v SSHD [2009] EWCA Civ 442. It held that the same provisions under the Reception Directive on permission to work that applies to initial claims for asylum also applies to second or subsequent claims for asylum by the same person. This varied the previous judgment in the case of Tekle v SSHD [2008] EWHC 3064 (Admin).  It remains tobe seen whether the Home Office will appeal.  Alternatively, there is some scope for the UK Border Agencyto quibbleabout what is an asylum claim, and it is not illegal for them to have a fast track way of dismissing second asylum claims - however, this would mean they would have to put resources into speeding up the lamentably slow speed of processing fresh claims.