The claimant sought judicial review of the refusal by the respondent to give him permission to stay in the United Kingdom. As a Turkish national he had absconded after being ordered to be removed, and had since gone into business here.
Held: The effect of the protocol was to prevent a member state bringing in any restriction on immigration from Turkey which was more severe than already existed. The application fell to be considered under the former rules. His activities had been unlawful, and he could not take the benefit of the Association agreement if the ability to meet the pre 1973 requirements was met by establishing a business in breach of his conditions of admission. The review was rejected.
Judges:
Collins J
Citations:
Times 08-Nov-2006, [2006] EWHC 2450 (Admin)
Links:
Statutes:
Brussels additional Protocol of November 23 1970, European Community and Republic of Turkey Association Agreement
Jurisdiction:
England and Wales
Citing:
Cited – Tum, Regina (on the Application of) v Secretary of State for the Home Department; Dari v Same CA 24-May-2004
. .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Savas ECJ 23-May-2000
A convention between the European Union and Turkey had direct effect under one article, but was not sufficiently detailed in other provisions to give a right to an individual to enforce its provisions. The article required Turkish nationals not to . .
Cited – Eran Abatay and Others, Nadi Sahin v Bundesanstalt fur Arbeit ECJ 21-Oct-2003
Europa EEC-Turkey Association – Interpretation of Article 41(1) of the Additional Protocol and Article 13 of Decision No 1/80 – Abolition of restrictions on the freedom of movement for workers, on the freedom of . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Thangarasa; Same Ex parte Yogathas HL 17-Oct-2002
The applicants were asylum seekers who had been ordered to be returned to Germany, the country to which they had first escaped, for their asylum claims to be dealt with. They objected, asserting that Germany would not deal with their applications in . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 07 May 2022; Ref: scu.245360