High Court Rules That Ankara Agreement Applications Will Not Be Accepted Where The Applicant's Asylum Claim Was Not Believed

The High Court of Justice has stated that persons whose asylum claims have been disbelieved by an immigration judge have no claim whatsoever under the ECAA agreement with Turkey (the Ankara Agreement) - R (Aysel Aslan) -v- Secretary of State for the Home Department [2006] EWHC 1855 (Admin).

The claimant lodged an application under the Ankara Agreement with the Home Office, after her asylum claim had been dismissed and disbelieved by a judge and removal directions had been issued, on the basis that she had bought into a business in the UK.

The Home Office rejected the application on the basis that she did not meet the rules and regulations concerning the Ankara Agreement, but also as she was a failed and disbelieved asylum seeker.

Mr Justice Collins, sitting in the High Court, stated that 'The sooner those responsible for these cases appreciate that, where an immigration judge disbelieves the story told and that finding is not overturned on appeal, a claimant is in this country as a result of fraud perpetuated on the authorities, the better'.

He stated that an application by such a person under the Ankara Agreement was ?utterly hopeless?. He further stated that it was the duty of representatives to obtain copies of the immigration judge's decision and lodge it with the court as part of the relevant material and failure to do so would not be acting in good faith and may result in a wasted costs order.

The point raised by judge should also be relevant to applications other than under the Ankara Agreement.

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