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Substantive legitimate expectation—policy change due to previous mistaken view of the law (R (on the application of Alliance of Turkish Business People Ltd) v SSHD)

Published on: 04 May 2020
Published by: LexisPSL
  • Substantive legitimate expectation—policy change due to previous mistaken view of the law (R (on the application of Alliance of Turkish Business People Ltd) v SSHD)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Immigration analysis: Reversing the finding of the court below, the Court of Appeal held that there was no statement or representation that was clear, unambiguous and devoid of relevant qualification, contained within the policy guidance for Turkish business people seeking leave to remain in the UK, that the present policy, based on the 1973 Immigration Rules as a result of the standstill clause contained within the Ankara Agreement, would continue to apply to them even if the policy changed for the future. However, if there had been, the court would have allowed the appeal since the judge below had erred in the evaluation of proportionality. Written by Emma Daykin, barrister, at Lamb Building Chambers. or take a trial to read the full analysis.

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