Failed Asylum Seekers Given Right To Work

Reported today by the Telegraph, and others, the UK Government has lost a court challenge to EU Directive 2003/9/EC which allows asylum seekers to look for work if their claim has not been processed within a year:

The dispute centred on the rights of asylum seekers who have already had one application for shelter rejected but then submit a fresh claim - individuals who the Home Office argued were not covered by the directive and were therefore not entitled to seek employment.

But under the European Council's Reception Directive, which the UK Government signed up to the after it was introduced in 2003, those same applicants are entitled to work if the claim is still outstanding after 12 months.

Yesterday, Supreme Justices, the country's most senior judges, concluded the same rules apply to any asylum seeker who has already had at least one claim rejected but has submitted a fresh one.

I like the irony of the Telegraph reporting a case of the UK losing a case against the EU, but deciding that the judges in the Supreme Court are our most senior judges. I think not. Our most senior judges reside here, oh and here.

The Government's position was that the potential for abuse would be greatly increased if they lost the case. Sir Andrew Green, chairman of Migrationwatch, said:

"Yet again a European Directive is having unintended and thoroughly unwelcome consequences."

Indeed. Still, we can take comfort in the fact that Cameron is going to get tough on immigration.