Source: All England Reporter
Publisher Citation: [2006] All ER (D) 158 (Feb)
Court: Queen's Bench Division (Administrative Court)
Judge:

Sullivan J
Representation Michael Chatwin (instructed by Souleiman GA) for the claimant.
  Pushpinder Saini (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 13 February 2006

Catchwords

European community - Freedom of establishment - Non-EU citizen - Association agreement between Community and Turkey - Application of agreement to immigrants without leave to enter United Kingdom - Whether applicant entitled to in-country appeal against refusal of leave to remain - Additional Protocol to Turkey-EC Association Agreement, art 41(1).

The Case

In the instant case, the claimant, a Turkish national who had applied for leave to enter in order to establish himself in business, relying on the 'standstill' provision in art41(1) of the Additional Protocol to the Turkey-EC Association Agreement (the Ankara Agreement), was not entitled to make an in-country appeal against a decision to remove him after the refusal of his application. Under the immigration rules in force at the time the Ankara Agreement was concluded, in 1973, an applicant in the claimant's position would not have been entitled to an in-country appeal and therefore there was no reason that such an applicant would be entitled to such a right in 2005.

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