The claimant in the case had asked the Home Office to allow her to work in a non-shortage role, said her solicitors, but their answer was no: officials said that she had not persuaded them of any “exceptional circumstances” that would justify discretion being given to her circumstances.
That initiated a legal challenge, which argues that – amongst other things – the decision to refuse her permission to work in a role that is not on the Shortage Occupation List was an “irrational and unreasonable” decision which breaches her rights under Article 8 of the ECHR (European Convention on Human Rights).
Sulaiha Ali, her solicitor, said that: “the current rules that are in place only create the illusory right to work for asylum seekers. Only very rarely will they actually be able to work in a job due to being limited to those that are on the Shortage Occupation List”.
Mr Justice Pepperall said that the Home Office had “no clear policy on the circumstances under which exceptional permission might be given”.
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