IAT (i) failed Turkish asylum-seekers who seek to rely on ‘standstill’ provisions under the Ankara Agreement of 1963 by virtue of engaging in business or being self-employed in the UK (even assuming they have received an appealable immigration decision) do not have an in-country right of appeal under the legislative framework in place on 1 January 1973 (the relevant ‘standstill’ provisions);
(ii) assuming they have received an appealable immigration decision, those who lodged their appeals since the coming into force of the 2002 Act but before 4 April 2005 do have an in-country right of appeal under s.92(4)(a) of the Nationality, Immigration and Asylum Act 2002 as amended if they have made an asylum or human rights claim to the Secretary of State as defined in s.113(1) of that Act;
(iii) however, those who lodged or lodge their appeals since the coming into force of the 2002 Act but on or after 4 April 2005 (as did all four appellants in this case), (even assuming they have received an appealable immigration decision) cannot have an in-country right of appeal unless they have earlier made an asylum and human rights claim to the Secretary of State when applying under the Ankara Agreement
Citations:
[2006] UKAIT 00074
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 08 July 2022; Ref: scu.245503