Turkish Business Applications under EC-Ankara Agreement-Important victory in Court of Justice

Judgment handed down today in the case of Oguz C-186/10 by the Court of Justice in Luxembourg. The case concerned the rights of Turkish nationals to set up business and reside in the UK in accordance with must less stringent immigration rules in place when the UK joined the EEC in 1973 than are presently in place by virtue of a standstill clause in the EEC-Turkey Agreement. The Home Office rejected Mr Oguz's application because he had breached a condition of his stay in the UK and thus fell outside the benefit of EU law ('the so-called abuse principle' in EU law)-an approach upheld by the Immigration Tribunal. John Walsh and Phil Haywood represented Mr Oguz before the Court of Justice whose case was referred there by the Court of Appeal. Simon Cox represented the AIRE centre. The Court agreed with the arguments of Mr Oguz and the AIRE centre that his business application had to be considered under the 1973 Rules and that the abuse principle had no bearing on the standstill clause.

To view the judgment please click here.

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