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Immigration - From: 1992 To: 1992
This page lists 6 cases, and was prepared on 06 August 2015.
Sokha -v- Secretary of State for the Home Department 1992 SLT 1049
1992
SCS
Lord Ordinary (Prosser)
Immigration, Scotland
Mr Sokha had entered and remained in England illegally. He was found and detained in prison in England by the authority of an immigration officer. He began initiated proceedings in the Court of Session for judicial review of the decision to detain him in prison, believing that he had a better prospect of obtaining conditional release from a Scottish court than an English court. The Secretary of State had accepted that the Scottish court had jurisdiction. Held: The court dismissed the petition. The Scottish courts were a wholly inappropriate forum, and the English courts were the obvious and natural forum, for any scrutiny of the decisions to detain the petitioner and keep him in detention.
1 Citers
Al-Sabah (Sheikh Mohammed Nasser) -v- Immigration Appeal Tribunal; CA 1992 - [1992] IAR 223; [1992] Imm AR 223
Al-Sabah (Sheikh Mohammed Nasser) -v- Immigration Appeal Tribunal; CA 1992 - [1992] IAR 223; [1992] Imm AR 223
Regina -v- Naillie; Regina -v- Kanesarajah Gazette, 24 June 1992
24 Jun 1992
CACD
Crime, Immigration
An applicant for asylum was not an illegal immigrant, despite his use of a false passport.
Immigration Act 1971 25(1)
Regina -v- Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department; ECJ 7-Jul-1992 - [1993] Fam Law 294; [1993] 1 FLR 798; [1992] 3 CMLR 358; Times, 31 August 1992; [1992] ECR I-4265; C-370/90; [1992] EUECJ C-370/90; [1992] Imm AR 565; [1992] 3 All ER 798
Kazim Kus -v- Landeshauptstadt Wiesbaden C-237/91; [1992] EUECJ C-237/91
16 Dec 1992
ECJ
European, Immigration, Employment
1. The third indent of Article 6(1) of Decision No 1/80 of the EEC-Turkey Council of Association must be interpreted as meaning that a Turkish worker does not fulfil the requirement, laid down in that provision, of having been engaged in legal employment for at least four years, where he was employed on the basis of a right of residence conferred on him only by the operation of national legislation permitting residence in the host country pending completion of the procedure for the grant of a residence permit, even though his right of residence has been upheld by a judgment of a court at first instance against which an appeal is pending. 2. The first indent of Article 6(1) of Decision No 1/80 of the EEC-Turkey Council of Association must be interpreted as meaning that a Turkish national who obtained a permit to reside on the territory of a Member State in order to marry there a national of that Member State and has worked there for more than one year for the same employer under a valid work permit is entitled under that provision to renewal of his work permit even if at the time of determination of his application his marriage has been dissolved. 3. A Turkish worker who fulfils the requirements of the first or third indent of Article 6(1) of Decision No 1/80 of the EEC-Turkey Council of Association may rely directly on those provisions in order to obtain the renewal not only of his work permit but also of his residence permit, since the right of residence is indispensable to access to and engagement in paid employment. That conclusion cannot be invalidated by the consideration that, pursuant to Article 6(3) of Decision No 1/80, the procedures for applying paragraph (1) are to be established under national rules. Article 6(3) merely clarifies the obligation incumbent on Member States to take such administrative measures as may be necessary for the implementation of that provision, without empowering them to make conditional or restrict the application of the precise and unconditional right which it grants to Turkish workers.
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