TORKiYE BAROLAR BiRÙ G%i. il - Türkiye Barolar Birliği Yayınları

AKTUELLE ENTWICKLUNGEN 1M STMTSANGEIIÖRIGKEITS -, AUSLANDER- UND FLÜCHTLINGSRECHTARTIaEBY establish that they had already been admitted Iawfuuy inPRWSH SHAH capacity which allowed thern to work. Lftigation before the ECJunder the category of 'workers' did not arise until a reference bythe Court of Appeal led to the first ruling in a British case underDecision 1/80 in the case of Pay ır» That case is of importancebecause the ECJ interpreted Article 6(1) of Decision 1/8o ascoveringthe situation of students and au pairs, and accepted thatthese categories of entrants were indeed 'workers' and were'duly registered as belonging to the labour force'. The BritishHorne Office contended that the first applicant was admitted asan au pair and the primary reason for her presence was to IearnEnglish, while the second and third applicants had been adrnittedas students, even though their terms of admission allowed thernta work up to 20 hours per week.The ECJ differed from the view of Advocate General Kokottwho thought that oniy au pairs, not students, should benefitfrom Article 6( ı). And despite the objections of Mernber Stategovernments the EC.J held, consistentiy with its previous caseIaw23, that article 6( ı) of Decision 1/8o does not make recognitionof the rights which it confers on Turkish workers subject to anycondition connected with the reason for which the right toenter, work or reside was initialiy granted. it heid that it wasnot permissible for the Member State to take into considerationother matters such as the reasons for which the Turkish nationalhad first been granted the right to enter the territory, ternporallimitations attached to the right to work, or statements ofintention to return to the country of origin after a certain time.The Pay ır judgrnent may be of relevance especialiy to the notinsigniflcant number of students entering the UK frorn Turkeyand who may wish to stay longer than the period of study?4Payir v Secretary of State for the Home Department (Case 0294106) [2008] 2C.M.L.R. 14, decision date 24 ianuary 2008.E.g. in Cünaydin v Freistaat Bayern (case C-36/96) [1997] ECR 1-5143.24 The oftIcial 2006 figures show 9,390 students admitted and 810 au pairs,while 2,545 students were granted an extension of leave. The figures for2007 show 8,440 admitted as students and 625 as au pairs, while 2,860 studentsfronı Turkey had their leave to ren ıain extended in the same year. See314