||All England Reporter
|| All ER (D) 184 (Nov)
|| EWHC 2586 (Admin)
||Queen's Bench Division, Administrative Court
||Rima Baruah (instructed by Trott & Gentry) for the claimant.
||Robert Palmer (instructed by the Treasury Solicitor) for the Secretary of State.
||24 October 2007
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).
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.
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases