R (Ozturk) v Secretary of State for the Home Department; R (Akyuz) v Same: [2005] EWHC 1433 (Admin)

QBD: Newman J: 6 July 2005

The claimant in each case was a Turkish national who had entered the United Kingdom as a student with permission to undertake part-time employment. Having used the work entitlement under their entry conditions for in excess of 12 months, the claimants applied for further leave to remain in employment pursuant to article 6 of Decision No 1/80, made pursuant to the EEC Association Agreement with Turkey. The Secretary of State refused to vary their leave on the ground that because they entered as students, albeit with permission to enter part-time employment, the claimants were not "workers" for the purposes of article 6(1) of the Decision and accordingly did not enjoy the rights conferred on workers under the Association Agreement.

The claimants sought judicial review of the Secretary of State's decisions.

NEWMAN J held:
The fact that a person entered as a student was not in any way connected with the enjoyment of rights he acquired through working legally. Since the purpose of the Association Agreement, and article 6(1) of Decision No 1/80 in particular, embraced the implementation of a system of gradual integration of Turkish workers into the host state's labour force, a student who was allowed to do, and did do, part-time work accrued the rights conferred on a worker by the Association Agreement by meeting the definition of "worker" under the Agreement.

Judicial review was granted.

Appearances: Nicola Rogers (Irving & Co) for the claimants; Pushpinder Saini (Treasury Solicitor) for the Secretary of State.