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Home Office work policy for asylum seekers breaches s55 of the BCIA 2009

Monday 4 October 2021

Sonali Naik QCAli Bandegani and Ubah Dirie, all of the Garden Court Chambers Public Law Team, instructed by Syed Naqvi of ITN Solicitors acted for R.

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In R (Cardona) v SSHD [2021] EWHC 2656 (Admin), handed down today, the Linden J declared the Secretary of State’s work policy for asylum seekers to be unlawful for failing to comply with s55 of the Borders, Citizenship and Immigration Act 2009:

‘…In short, I agreed with Mr Bandegani that insofar as the “Application in respect of children” section of Version 8 of the Work Policy was intended to be the section of the Policy which discharged the Defendant’s obligations under section 55 of the 2009 Act, i.e. to constitute the arrangements which ensured that regard was had to the requisite matters when decisions as to permission to work were made, it failed to achieve this for various reasons. Having considered the decisions of the Supreme Court in A and BF (Eritrea) and the parties’ written submissions on them, that remains my view.’

Click here to access the judgment in full.

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