Veli Tum, R (on the application of) v Secretary of State for the Home Department

Veli Tum, R (on the application of) v Secretary of State for the Home Department

The Court of Appeal held that the Secretary of State was required to apply the Immigration Rules as they stood on 1 January 1973 to Turkish nationals seeking to establish a business, regardless of their immigration status, unless entry was obtained by fraud. The Secretary of State's reliance on the current rules was therefore unlawful, and the High Court's decision to allow the judicial review was correct.

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), Standstill Clause, Asylum Seekers, Immigration Rules, Judicial Review
Immigration Law European Union Law Ankara Agreement Additional Protocol Article 41(1) Standstill Clause Asylum Seekers Immigration Rules Judicial Review

Case Brief

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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 or the current rules to such applications

Ratio Decidendi

The Court of Appeal held that the Secretary of State was required to apply the Immigration Rules as they stood on 1 January 1973 to Turkish nationals seeking to establish a business, regardless of their immigration status, unless entry was obtained by fraud. The Secretary of State's reliance on the current rules was therefore unlawful, and the High Court's decision to allow the judicial review was correct.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Leave to appeal refused