Immigration – Ankara Agreement
Immigration – Ankara Agreement. The process by which the claimants had been found to have effectively been dishonest and then faced an appeal process conducted without any chance to rebut that allegation that they had not had the relevant genuine intention with new evidence had been procedurally unfair at common law. Accordingly, the Administrative Court quashed the defendant Secretary of State’s decisions, refusing their applications for leave to remain in the United Kingdom as businesspersons under the Agreement establishing an Association between the European Economic Community and Turkey, and its Additional Protocol, and remitted them for fresh consideration
The claimant Turkish nationals applied for leave to remain (LTR) in the UK as businesspersons, under the Agreement establishing an Association between the European Economic Community and Turkey (the Ankara Agreement) and the Additional Protocol to the Ankara Agreement. The defendant Secretary of State refused the applications on the basis that the claimants had not satisfied her that they had a ‘genuine intention’ or ‘genuine wish’ to set up in the businesses as they claimed in their applications. The claimants sought judicial review.
The judgment is available here