Court of Appeal success in lead case EU case

26.09.12 | |

John Walsh was the leading counsel (his junior was Solicitor Advocate Saad Saeed) in the case of KA (Turkey) [20012] EWCA Civ 1183 where the Court of Appeal has considered the impact of the European Court of Justice case of Oguz (C-186/10). The Court of Justice concluded that the abuse principle in EU law had no application in circumstances where a Turkish national came within the scope of EU law by virtue of a standstill clause in an Agreement between the EU and Turkey. The Court of Appeal in KA Turkey concluded that an attempt by UKBA to rely on the abuse principle by way of domestic law only failed for the reason that it treated the abuse as a trump card without any regard to the circumstances of the case and general practice in place at the relevant time (the Turkish immigrant breached a condition of his visa by setting up a business without permission for a short period of time).

The case will have an impact on a number of cases where Turkish nationals apply for leave to remain on the basis of the EU Turkey Agreement and in particular on those where the Turkish national overstayed or otherwise breached visa conditions.

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