R (on the application of Alliance of Turkish Business People Ltd) v SSHD

28.04.2020

Citation

[2020] EWCA Civ 553

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 giving rise to a legitimate expectation.  However, if there had been, the Court would have allowed the appeal since the judge below had erred in the evaluation of proportionality.

Importantly, the Court rejected the SSHD’s contention that the doctrine of legitimate expectation could not apply in an immigration case because the nature of the immigration rules was such that they were no more than a statement of current policy in reliance on Odelola v SSHD [2009] UKHL 25. The Court also rejected the Respondent’s submission that it is extremely difficult to build a legitimate expectation on a wrong view of the law. Permission to appeal to the Supreme Court pending.