The European Court of Justice has made a decision pertaining to thousands of Turks applying England for asylum. The Court, in line with Ankara Agreement, found the residential demand of two Turks who had sought asylum in England right.
Following the decision, British Ministry of Internal Affairs will have to take the appplications of Turkish citizens entering the country illegally or seeking asylum in England as an individual entrepreneur into consideration.
Court’s decision was taken upon the applications of two Turkish citizens Mehmet Darı and Veli Tüm.
The decision is now stated to form an example for Turks who still live in England and want to live there. Decision of the case which had been suspended for over 3 years was said to be declared last September 12, 2006 but it was put off.
After the decision, British Ministry of Internal Affairs, suspending thousands of applications coming from Turkish citizens, is expected to evaluate the applications.
How the process began
Cases of Mehmet Darı and Veli Tüm were brought to the European Court of Justice based in Luxembourg approximately 3 years ago within the framework of European Community Association Agreement, (ECAA) also known as Ankara Agreement.
While claimed that ECAA was being abused by Turks, British Ministry of Internal Affairs defended that those entering the country illegally or seeking asylum in England should not be given residential right, lawyers of Tüm and Darı repeated that these persons were trading without claiming any social aid and so, they should have both residential and working permits in line with legal terms.
The last hearing of the law suits, brought upon the recommendation of House of Lords before the Court of Justice by Home Office which used all the means of domestic law but could not get a result, was held in May 18, 2006. Observant boards were sent to the hearing by such countries as Holland and Germany to which Turks migrate intensively.
Giving his opinion later, attorney-general L. Geelhoed spoke in a way supporting Home Office. The court defended that England, signing Ankara Agreement in 1973, would not demand legal visa from Turkish citizens and expressed that the right to work should be reserved as individual entrepreneurship.
After this decision, Turkish citizens will be able to apply to the British agencies in Turkey for working and residential permits.
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