Recent Developments in Turkish Business Applications
The recent decision of 20 September 2007 of the European Court of Justice in R (Dari and Tum)
–v- Secretary of State for Home Department will be of relevance to many Turkish nationals who are seeking to set up a business in the UK, under the EC Association Agreement (Ankara Agreement) especially if their asylum claims were dismissed. The decision has meant that the Immigration Rules as they were in 1973 will be applied to these applications whether made in the UK or at the British Embassy overseas. Failed asylum seekers will also be able to apply under these provisions for leave to remain in the United Kingdom on the basis of their business or proposed business.
However, there have been two recent cases where the Court of Appeal in the first, R (Tengiz) –v- Secretary of State for Home Department (18 October 2007) and the Administrative Court in R (Aldogan) –v- Secretary of State for Home Department [2007] EWHC 2586 have held, in the first, that where temporary admission prohibits setting up a business, and the individual concerned has set up a business then that could result in the application being refused. The latter case related to a failed asylum seeker whose asylum claim was found to be not credible i.e. a fraudulent asylum applicant can not benefit from the Ankara Provisions.
Rose Carey
28th November 2007
If you have any queries regarding Ankara applications please contact Rose Carey on 01206 835277
For further information, and assistance with applications for licenses to employ migrant workers, please contact Louise Boyes.