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

AKTUELLE ENTWICKLIJNGEN 1M STMTSANGEHÖRIGKEITS -, ALISLANDER- UND FLÜCHTUNGSREUITAR1IE8Y established in Kent and to start a cleaning b ıısiness in London.PRAKASH SHAN They requested that their applications be considered under the1972 Immigration Rules but were in fact considered under thethen current Immigration Rules which mandated a refusal if priorentry dearance in that capacity had not already been obtained.After refusal the applicants brought judicial review proceedingsrelying on Article 41(1) of the Additional Protocol. The HighCourt and Court of Appeai agreed that the correct position wasconsideration under the 1972 RuIes 30, but the Home Secretaryappealed to the House of Lords which referred to the ECJ thequestion whether Article 41(1) prohibited new restrictions onthe conditions and procedure for entry to the territory. Therewas, rneanwhile, continued use of the so-called 'fraud and abuseexception' to refuse applications by those who had claimedasylum after presence in another European country, wherethere was ciandestine entry, where there were discrepanciesin the evidence, or where there was irregular presence in theUK. 3' The domestic case Iaw therefore continued ta indicatethat the window through which Turkish citizen applicants couldlegitimateiy qualify under the standstill provisions was actuallyquite narow.This could have a serious impacton the likelysuccessof an application under the standstill clause, especialiy gi yen thefactual circumstances under which many such applicants hadentered and subsequently survived in the UK. Under such a tightregime, informal business arrangements conducted withoutpaperwork evidence, although common among migrants fromTurkey who are used to word-of-mouth business deals (one may30 For the Court of Appeal's ciecision see Tum and Dari v Secretary of State forthe Home Department [2004] EWCA 0v 788; [2004] 2 c.M.LR. 48.31 For a case involving alt these factors, see R (Kenan Temiz) v Secretary ofState for the Home Department [2006] EWHC 2450 (Admin). For anothersituation where the applicant had started work asa cleaner in breach of herleave ta enter as a visitor and then sought ta apply for establishment, seeFS (Breach of conditions: Ankara agreement) Turkey [2008] LIKAIT 00066.Sce also LF (Turkey) [2007] EwCA Civ 1441. For mention of other cases seeRogers (2006: 287) and Clayton (2008:162-163).318