Source: All England Reporter
Publisher Citation: [2007] All ER (D) 184 (Nov)
Neutral Citation: [2007] EWHC 2586 (Admin)
Court: Queen's Bench Division, Administrative Court
Judge:

Collins J

Representation Rima Baruah (instructed by Trott & Gentry) for the claimant.
  Robert Palmer (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 24 October 2007

Catchwords

Immigration - Leave to enter - Non-EU citizen - Association agreement between Community and Turkey - Application of agreement to immigrants without leave to enter United Kingdom - Claimant starting business - Whether claimant entitled to rely on association agreement - Additional Protocol to Turkey-EC Association Agreement, art 41(1).

The Case

In the instant case, the claimant, a Turkish national whose asylum claim had been rejected on the basis that he had engaged in a fraud when he arrived in the United Kingdom, could not be heard to contend that that decision was inconsistent with a recent judgment of the European Court of Justice, namely R (on the application of Tum) v Secretary of State for the Home Department: (Case ) , or the relevant principles arising from the domestic authorities, namely R (on the application of Tum) v Secretary of State for the Home Department; R (on the application of Dari) v Same and R (on the application of Temiz) v Secretary of State for the Home Department which related to the applicability of the 'standstill' provision, namely art41(1) of the Additional Protocol to the Turkey-EC Association Agreement.

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