Each claimant had made a failed asylum claim, followed by another which had not been yet determined after delay. They appealed against decisions that they were not entitled to obtainn employment.
Held: The appeals succeeded. The reception directive applied to first time asylum applicants, but ‘The definition in article 2(c) referred to an application ‘in respect of which a final decision has not yet been taken’ and not to a person ‘in respect of whom a final decision has not yet been taken’.’ The opportunity for abuse if any arose only because of the defendant’s administrative backlog.
Judges:
Lord Justice Laws, Lord Justice Keene and Lord Justice Hooper
Citations:
[2009] EWCA Civ 442, Times 28-May-2009, [2009] WLR (D) 166, [2009] 1 WLR 2477
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – MM (Somalia) and ZO (Somalia), Regina (on the Application of) v Secretary of State for the Home Department Admn 25-Jun-2008
. .
Appeal from – DT (Eritrea) v Secretary of State for the Home Department Admn 11-Dec-2008
. .
Cited by:
Appeal from – 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
Updated: 26 July 2022; Ref: scu.346797
