Source: All England Reporter
Publisher Citation: [2006] All ER (D) 156 (Oct)
Neutral Citation: [2006] EWHC 2450 (Admin)
Court: Queen's Bench Division (Administrative Court)

Collins J

Representation Nicola Rogers (instructed by Irving & Co) for the claimant.
  Robert Palmer (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 13 October 2006


Immigration - Leave to enter - Non-EU citizen - Association agreement between Community and Turkey - Application of agreement to immigrants without leave to enter United Kingdom - Applicant starting business - Whether applicant entitled to rely on association agreement - Additional Protocol to Turkey-EC Association Agreement, art 41.

The Case

Unlawful presence, whether as an illegal entrant or an overstayer, could justify a refusal to permit an in-country application under the Association Agreement between the various EU member states and Turkey. Further, if the opportunity to engage in business had been created by working in breach of the terms of any temporary admission or when overstaying and so the unlawfulness of the applicant's conduct went beyond mere unlawful presence, there was a further justification for refusing the application. The applicant would have to return to Turkey and make an application from there. Such an application would be considered in accordance with the standstill clause and so under the rules applicable in 1973.

If you are a LexisLibrary subscriber you can read more about this case here.