Maurice Kay VP began: ‘It is well-known that asylum applications, even when made promptly on arrival in this country, can take months or even years before final determination through the decision-making and appellate process. This causes familiar problems. Applicants require support and accommodation for substantial periods of time. When the time is particularly prolonged, features of private and family life may develop which themselves have to be considered as aspects of the applicant’s legal position. During the significant period of time when an applicant cannot be removed from the country, the question arises as to whether he should be permitted to take employment here. Different policy issues are in play. On the one hand, if he is permitted to work, the burden on the public finances will be relieved and he will have a more normal existence. On the other hand, British nationals and others with a right to seek employment here, including citizens of the European Union, will face increased competition for scarce jobs. Until recently, this aspect of asylum was largely a matter of domestic law, including any entitlement arising from the Human Rights Act 1998. However, the law now has a specific EU dimension. ‘
Judges:
Maurice Kay VP, Rimer LJJ, Sir Stanley Burnton
Citations:
[2013] EWCA Civ 151
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – ZO (Somalia) and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 28-Jul-2010
The Directive gave certain rights to asylum applicants. The claimants had applied for asylum, and on failing in their applications, renwewed them, claiming the rights under the Directive again. The respondent said that the rights applied only on a . .
Lists of cited by and citing cases may be incomplete.
Immigration, European, Human Rights
Updated: 14 November 2022; Ref: scu.471504