Deok Joo Rhee QC successfully acted for the Secretary of State for the Home Department in two lead appeals before the Court of Appeal.
In Kotuk v Entry Clearance Officer (Warsaw), Deok Joo successfully defended the Home Office’s decision no longer to treat applications for indefinite leave to remain for Turkish business people under the ‘standstill’ provision in the Additional Protocol to the EC-Turkey Association Agreement. The result of this ruling is that Turkish business persons and their family members are no longer entitled to have their applications for settlement determined on the basis of the more favourable immigration rules in 1973.
In CA (Turkey) v Secretary of State for the Home Department, the Court of Appeal allowed the Secretary of State’s appeal against the decision of Holman J – agreeing with the Secretary of State that the removal of the statutory right of appeal for refusals of leave under the EC-Turkey Association Agreement did not come within the scope of the same ‘standstill’ provision. On the basis of this ruling, the Secretary of State is no longer required to reinstate the right of appeal which was removed by the Immigration Act 2014.
The results consolidate the Secretary of State’s approach to the EC-Turkey Association Agreement.