R (otao Akturk) v SSHD

08/02/2017

Citation

[2017] WLR (D) 145; [2017] EWHC 297 (Admin)

In the Administrative Court, Holman J held, in the lead case on this issue, that the abolition of the right of appeal for Turkish citizens seeking to exercise their freedom of establishment under the European Community Association Agreement (the Ankara Agreement) with Turkey is incompatible with the Agreement in that it breaches Article 41 (1) of the Additional Protocol (standstill clause) and that incompatibility is not avoided by Administrative Review. The individual decisions were also quashed on traditional public law grounds.