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

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

Time spent in the UK under s.3C of the Immigration Act 1971, pending a variation decision, does not count towards the one year 'legal employment' period under Article 6(1) of Decision 1/80 EC-Turkey Association Agreement because the applicant does not have a stable and secure situation as a member of the labour force, lacking an undisputed right of residence. The effect of s.3C is suspensive only and does not confer the requisite security under EU law.

Parties
Applicant/respondent: Ali Oczelik; Respondent/appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
29 January 2009
Procedural Posture
Judicial Review (immigration) / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Right of Residence, Legal Employment Under EC Turkey Association Agreement, Interpretation of Immigration Act 1971 S.3 C
Immigration Law European Union Law Right of Residence Legal Employment Under EC Turkey Association Agreement Interpretation of Immigration Act 1971 S.3 C

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Parties

Ali Oczelik

Applicant/respondent

Secretary of State for the Home Department

Respondent/appellant

Procedural Posture

Judicial Review (immigration) / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Does time spent in the UK under s.3C of the Immigration Act 1971, pending a variation decision, count towards the one year 'legal employment' period under Article 6(1) of Decision 1/80 EC-Turkey Association Agreement?
  2. 2 Does s.3C confer the requisite 'stable and secure' status for legal employment under EU law?

Ratio Decidendi

Time spent in the UK under s.3C of the Immigration Act 1971, pending a variation decision, does not count towards the one year 'legal employment' period under Article 6(1) of Decision 1/80 EC-Turkey Association Agreement because the applicant does not have a stable and secure situation as a member of the labour force, lacking an undisputed right of residence. The effect of s.3C is suspensive only and does not confer the requisite security under EU law.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed; decision of Cranston J set aside.