Clayton: Textbook on Immigration & Asylum Law 3e
Chapter 11
1. What are the objections to allowing asylum seekers to obtain work permit employment in the UK? Do these arguments apply to allowing them to work while their claim is being decided?
The objections are not really legal ones. These are political/policy issues. You might consider the question in relation to people whose claims are being decided and those whose claims have failed (if they have succeeded they will have refugee status and thus be able to work). The section on the treatment of asylum seekers in chapter 2 may be useful. This question can be briefly considered as a question for reflection, and may also be a useful discussion topic.
2. Describe what you see as the advantages of the new tiered system.
A. First describe the new system to the extent this is possible. There have been significant developments since the 3rd edition of the Textbook was written. See the UKBA website for details of the new first tier: www.bia.homeoffice.gov.uk
B. Explain what the system achieves. Consider for instance:
Transparency
Access to work in the UK
The UK's need for workers from abroad
The role of the Migration Advisory Committee
The effect on appeals
3. What is the justification for special categories of non-work permit employment?
This question could be answered quite briefly. Consider the overall differences between the non-work permit categories and entry for work on a work permit. Are these distinctions justifiable? On the UKBA website you may be able to find out more about what will happen to some of these groups under the new points-base system.


