BA and others, petitioners

Immigration – Indefinite leave to remain – EEC-Turkey Association Agreement. Court of Session: Granting judicial review in a case which concerned four members of a Turkish family and the application of provisions of the EEC-Turkey Association Agreement, the Home Secretary having granted a Turkish citizen indefinite leave to remain but refused to grant his wife and two children leave to remain on the basis of Home Office guidance stipulating a requirement of two years' residence, the court held that in determining the applications of the wife and two children on the basis of the purported requirement of two years' residence, the Secretary of State took into account a matter which was irrelevant.

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