Asylum seeker not entitled to damages for being denied permission to work granted in EU Directive

On 4 March the UK High Court of Justice (Queen’s Bench Division – Administrative Court) ruled on the case R(Negassi) v SSHD [2011] EWHC 386(Admin) that asylum seekers are not entitled to damages for not being granted the right to work provided by Council Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers (Reception Conditions Directive). Article 11, in particular, provides that Member States shall decide the conditions for granting access to the labour market for asylum seekers whose claims have not been decided within a year.

The case concerns an Eritrean national who, after being denied asylum, submitted a fresh claim and, as he was awaiting a decision for more than a year, asked for permission to work. He was denied the permission and as a result of the refusal, asked for damages. The Court denied damages arguing that the UK had not gravely disregarded the limits on its discretion to implement the Directive. The case is now likely to go to the Court of Appeal.

The case comes after the earlier Supreme Court decision in R (on the application of ZO (Somalia) v SSHD 2010 stating that the Reception Conditions Directive can apply to second and subsequent asylum claims and applicants should have access to the labour market.