NEWS: Court of Session refers case to European Court of Justice

Posted On: 04 June 2010

Lord Brailsford has referred the case of a Turkish national seeking a right to live and engage in business in the United Kingdom to the Court at Luxembourg.

The case concerns a petition for judicial review by an immigrant who was initially granted leave to enter the United Kingdom, but who stayed on after his visa expired. The petitioner applied to the Home Office to be given leave to remain in the United Kingdom as a businessman. He relied upon agreements entered in to between Turkey and the European Community to foster closer economic relations. The Home Office rejected his application.  The Home Office maintains that those who overstay their leave can be denied the benefit of those international agreements.

On 20 March, Lord Brailsford decided that the issue raised regarding the treatment of overstayers was of sufficient difficulty to necessitate the European Court of Justice being asked for its ruling on the matter. The time for reclaiming expired yesterday, making Lord Brailsford's decision final.

Julius Komorowski, Counsel for the Petitioner, said:

"The petitioner's case is of immense importance to himself and a number of other Turkish nationals. His case has implications for many others who initially were permitted to come to the U.K., whose visas have since expired, but who want to live and work and contribute to the economy here.

The court's decision to refer my client's case to the European Court is recognition that there is a serious and substantial argument to be made on his behalf."

Julius Komorowski was instructed by Morisons LLP and Stewart & Watson, Solicitors. He practises in all areas of administrative law.