Source: All England Reporter
Publisher Citation: [2002] All ER (D) 199 (Apr)
Neutral Citation: [2002] EWHC 744 (Admin)
Court: Administrative Court
Judge:

Rafferty J
Representation John McNally (instructed by Tessa Sempik) for the claimant.
  Eleanor Sharpston QC and Steven Kovats (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 12 April 2002

Catchwords

Immigration - Leave to enter - Non-patrial - Claimant Polish national - Refusal of leave to remain under Polish European Association Agreement for want of proper entry clearance - Whether claimant entitled to remain - Polish European Association Agreement, arts 44(3), 58(1).

The Case

There was no incompatibility with art58(1) of the Polish European Community Association Agreement if the competent authorities reject an application for leave to remain under art44(3) of that agreement on the ground that, when it was made, the applicant resided illegally within its territory by reason of false representations for the purpose of obtaining initial leave to enter.

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