Veli Tum, R (on the application of) v Secretary of State for the Home Department [2004] EWCA Civ 788 (24 May 2004)

Veli Tum, R (on the application of) v Secretary of State for the Home Department [2004] EWCA Civ 788 (24 May 2004)

The Secretary of State erred in applying the current Immigration Rules rather than those in force on 1 January 1973 when considering the respondents' applications to establish a business under the Ankara Agreement. The standstill clause applies to Turkish nationals regardless of their entry status, unless entry was obtained by fraud. The appeal is dismissed and the High Court's decision is upheld.

Citation
[2004] EWCA Civ 788
Parties
First Respondent/claimant: Veli Tum; Second Respondent/claimant: Mehmet Dari; Appellant/defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
24 May 2004
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Ankara Agreement, Additional Protocol Article 41(1), Dublin Convention, Immigration Rules, Standstill Clause, Judicial Review
Immigration Law European Union Law Administrative Law Ankara Agreement Additional Protocol Article 41(1) Dublin Convention Immigration Rules Standstill Clause +1 more

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Parties

Veli Tum

First Respondent/claimant

Mehmet Dari

Second Respondent/claimant

Secretary of State for the Home Department

Appellant/defendant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether Turkish asylum seekers can rely on the 'standstill' provision of Article 41(1) of the Additional Protocol to the Ankara Agreement when seeking to establish a business in the UK
  2. 2 Whether the Secretary of State was required to apply the 1973 Immigration Rules rather than the current rules when considering such applications

Ratio Decidendi

The Secretary of State erred in applying the current Immigration Rules rather than those in force on 1 January 1973 when considering the respondents' applications to establish a business under the Ankara Agreement. The standstill clause applies to Turkish nationals regardless of their entry status, unless entry was obtained by fraud. The appeal is dismissed and the High Court's decision is upheld.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs
  • Leave to appeal refused