IY v Entry Clearance Officer - Ankara

IY v Entry Clearance Officer - Ankara

The appellant was denied the benefit of the Ankara Agreement and the standstill clause because he had made a fraudulent asylum claim and established businesses in the UK in breach of immigration conditions. The fraud and abuse exception applies to out-of-country applications as well as in-country applications. The Secretary of State/Entry Clearance Officer was entitled to refuse the application on these grounds.

Parties
Appellant: IY; Respondent: Entry Clearance Officer - Ankara
Jurisdiction
England and Wales
Judgment Date
17 October 2008
Procedural Posture
Immigration Appeal / Appeal Determination
Outcome
appeal dismissed
Legal Topics
Ankara Agreement, Fraud and Abuse in Immigration, Standstill Clause, Asylum Claims, Entry Clearance, Community Law Rights
Immigration Law European Union Law Ankara Agreement Fraud and Abuse in Immigration Standstill Clause Asylum Claims Entry Clearance Community Law Rights

Case Brief

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Parties

IY

Appellant

Entry Clearance Officer - Ankara

Respondent

Procedural Posture

Immigration Appeal / Appeal Determination

Legal Issues

  1. 1 Whether the appellant is entitled to benefit from the Ankara Agreement and the standstill clause given his immigration history and findings of fraud and abuse
  2. 2 Whether the Secretary of State/Entry Clearance Officer was entitled to deny the benefit of the old Immigration Rules due to the appellant's fraudulent asylum claim and unlawful establishment of business
  3. 3 Whether the fraud and abuse exception applies to out-of-country applications under the Ankara Agreement

Ratio Decidendi

The appellant was denied the benefit of the Ankara Agreement and the standstill clause because he had made a fraudulent asylum claim and established businesses in the UK in breach of immigration conditions. The fraud and abuse exception applies to out-of-country applications as well as in-country applications. The Secretary of State/Entry Clearance Officer was entitled to refuse the application on these grounds.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed on all grounds.