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Failed asylum seekers with pending fresh claims entitled to seek consent to work


Government considering detail of SC judgment

28th July 2010: Failed asylum seekers with fresh claim for asylum outstanding for 12 months or more will now be entitled to apply for permission to work.

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For the Supreme Court ruled that Article 11 of the EU Reception Conditions Directive should apply in some circumstances to failed asylum seekers who have exhausted their appeal rights.


The UKBA said: `Specifically, this means that failed asylum seekers who have made further submissions asserting they have a fresh claim for asylum which have been outstanding for 12 months or more will now be entitled to apply for permission to work.

`The government is currently considering the detail of the judgment and an announcement setting out how the government intends to change current rules will be made as soon as possible.

`Article 11(2) of the Reception Conditions Directive enables Member States to impose conditions on access to the labour market, and this announcement will include details of the restrictions on permission to work which will be applied’.

The UK Border Agency added it `is aware that there are significant numbers of failed asylum seekers who may consider themselves entitled to apply for permission to work in light of the judgment.

`In order to ensure good administration of those applications, fair processes and the effective implementation of the judgment, we will not process any permission to work applications from failed asylum seekers whose further submissions have been outstanding for more than 12 months until that announcement’.

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