Right To Work Even On Second Asylum Claim

When an asylum seeker has had an initial Application finally rejected, if then a further Application for asylum is made, then that asylum seeker is still entitled to the benefits that the European directives give, as if they were making an initial Application on reception. This would include an entitlement to take employment if the second Application for asylum was not settled finally within one year. This has been a decision made by the Supreme Court in a case of R (Zo (Somali) and MM(Burma) v Secretary of the State for the Home Department.

It has always been clear that it was intended that an Application should not be regarded as having been subject to a final decision until all possible remedies have been pursued and determined finally. This can only mean that any subsequent or second Application that falls within the definition of an Application for asylum and that if you are an asylum seeker, then you have the benefit of this directive.

The directives always sought to set minimum standards for the reception of an asylum seeker and that would normally be enough to ensure that person a dignified standard of living. It would simply just not be right for an asylum seeker who made a second Application after the first had been finally disposed of, to be denied access to standards that were no more than a minimum to permit that asylum seeker to live with a measure of dignity.

The European directive has set out what had to happen when a person was received into the asylum system, there was nothing unusual or untoward in the idea that a person could be received into the system on more than one occasion, having more than one basis for making an Application. As a result this means that an asylum seeker can be entitled to work having had their first Application concluded and failed when making a second Application that has lasted for over one year. The stipulations must be met in full for the directive to take effect. This may be of help to a large number of people, particularly those who have had longstanding and complex on-going Applications.