Oguz v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judge | Lord Justice Sedley,Lord Justice Rimer,Lord Justice Laws |
| Judgment Date | 23 March 2010 |
| Neutral Citation | [2010] EWCA Civ 311 |
| Date | 23 March 2010 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | Case No: C5/2009/1846 |
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE ASYLUM AND IMMIGRATION APPEAL TRIBUNALIA
Before: Lord Justice Laws
Lord Justice Sedley
and
Lord Justice Rimer
Case No: C5/2009/1846
/18188/2008
Mr John Walsh (instructed by Messrs Birnberg Peirce & Partners) for the Appellant Mr Robert Palmer (instructed by Treasury Solicitor) for the Respondent
Hearing date: Tuesday 16 March 2010
Lord Justice Sedley:
When this appeal came before the court on 16 March, Mr John Walsh, representing the appellant, realistically and properly conceded that in the present state of binding authority he could not succeed at this level.
The immediate reason for this concession was the majority decision of this court in Sonmez [2009] EWCA Civ 58 But behind Sonmez lies jurisprudence, including importantly the decision of the European Court of Justice in Kondova v United Kingdom [2001] ECR I —6427, which appeared to have become sufficiently problematical to warrant the grant of permission to appeal to this court.
On the basis of what we now know was incomplete information about the power of referral, we gave an extempore judgment formally dismissing the appeal and refusing permission to appeal to the Supreme Court, but making it clear that this was in order that the Supreme Court itself might...
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Ka (Turkey) (Appellant/Claimant) v Secretary of State for the Home Department (Respondent/Defendant)
...2009 IDI, with its "normally" and need for "exceptional circumstances", raises a policy within the 1973 rulesOguz v. Secretary of State for the Home Department [2010] EWCA Civ 311. 19 The ECJ gave its judgment on 21 July 2011, Oguz v. Secretary of State for the Home Department (Centre for A......
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ZY (Turkey) v Secretary of State for the Home Department
...abuse of rights principle remains open; we are told that this court has made a reference to the Court of Justice of the EU in Oguz v SSHD [2010] EWCA Civ 311 concerning the position, vis-à-vis the Ankara Agreement, of a Turkish national with leave to remain here on condition that he does no......