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Panel Beating: Red Tape No Bar To Turkish Star

Posted by on June 22, 2007 11:57 AM | 

AND SO to Sheffield next week and the meeting of a selected panel of football's great and good to consider Tuncay's work permit appeal. I say appeal because his initial application will not meet the strict Department of Employment criteria and so is bound to be rejected on the grounds that he has not played the required 75% of Turkey internationals in the last two years.

But don't worry. He was injured for a while last year and so missed a string of games which saw him dip below the threshold. Boro will show that and the Turkish FA will verify it and the appeal should go through on the nod. Even if that line of attack were to fail - extremely unlikely unless the paperwork is processed by a civil servant who is Galatasaray until he dies - the decision should still be a formality as he ticks all the boxes as "a player of exceptional quality" and as a regular first choice selection for a nation ranked in FIFA's top 70.


Boro are right to have every confidence that the appeal will be a formality. Tuncay is a quality player, a Champions League regular and a fixture in a national team currently ranked 16th. His only absences have been through verifiable injuries. He has a note from his mam. It's a shoe-in.

Besides, Boro are getting good at presenting their case. The last time we were in this position was in January when Lee Dong Gook applied for a permit and was initally declined - a cruciate injury had ruled him out of South Korea's 2006 World Cup qualifiers and the finals in Germany and left him short of the 75% of appearance needed - but he won on appeal.

That the rules have been relaxed has helped. The previous regulations stipulated that clubs had to show there were no domestic alternatives for the vacancy and that players brought in had been among the top three earners at their old club and would be in the same position at the new club. Effectively that old system restricted imports to the very top players - and payers - and the relaxations have allowed much more movement and led to an influx of internationals from minor nations ranked 40 to 70 being paid peanuts in the lower divisions.

We are a long way from the days of young gun Igor Cvitanovic being refused a permit to join Boro in 1995 because he wasn't good enough and wasn't a top earner at Dinamo Zagreb. He went on to become the top all time scorer in the Croatian league. Today he would breeze through the application procedure without a murmur.

As with Tuncay. The initial rejection is nailed on - but so is the granting of the permit on appeal because there can be no question that he will satisfy the appeal panel. Their brief is to consider if the player "is of the highest calibre and able to contribute significantly to the development of the game at the top level" and there can be little question of that. Just look at the YouTube footage and read that CV gentlemen.

The review board is made up of six people - one member each representing the Football League, Premier League and PFA and three Independents (split between former players and former managers or academics with a special knowledge), chaired by a civil servant.

According a Department of Employment junior minister statement to the House of Commons earlier this year a total of 712 appeals have been granted since the system was put in place in 1995. Last season there were 70 successful appeals, the second highest annual total so far.

There are no records in Hansard of how many appeals fail but few stories jump out of popular consciousness about angry clubs lashing the panel for a travesty of justice. The last high profile rejection was that of Liverpool's bid for Chilean Mark Gonzales in August 2005, turned down as his national side had slipped back to 72 in the rankings and he had not played the required 75% of games. The Anfield side farmed him out on loan in Spain for a year until the player - and Chile - improved.

As an aside, in googling for the DoE rules on this issue I stumbled on this little snippet of cultural and historic interest for Boro amateur archeologists. It is a report on Juninho's appeal against a rejection for a work permit for his second stint in 2000 that was part of a wider submission to a parliamentary employment committee looking at changing the regulations......

PANEL MEMBERS

Frank Clark - Independent expert; Mike Foster - English Premier League; Gordon Taylor -Professional Footballers Association; Dr Rogan Taylor -Independent expert; Mike Walker -Independent expert; John Young -Football Association.

Application by Middlesbrough Football Club for Oswaldo Giraldo Junior (Juninho)

Recommendation

The Panel considered written evidence submitted by the Club and took oral evidence from Bryan Robson, First Team Manager and Keith Lamb, Club Chief Executive. The written evidence consisted of the player's international record, his performance when he was previously a work permit player, the fact that he was the Carling Premier League player of the year in 1996-97 and medical reasons why the player had not been able to meet the international playing criteria.

The Panel were well acquainted with the player's ability from his previous spell as a work permit holder. He is, in their opinion, a player of superb skill and would be a tremendous asset to the domestic game. There were various reasons as to why he moved to Spain, particularly that in order to remain in the international squad he had been advised that a move abroad was essential. However, he suffered a serious injury, breaking his ankle, and subsequently was judged not fit enough to make the Brazilian World Cup squad.


Mr Robson explained that Juninho was a world class player and would bring charisma and flair to the English game and anyone who had seen him play before when he was at Middlesbrough would know he would make a very significant contribution to the English game. He said that the Club had signed the player on a contract until June 2000, not on loan, but with a get out clause should he for any reason not make the grade. If the Club exercised their right to keep him beyond June 2000 they would probably be paying a transfer fee in the region of £8 million.

The Panel were unanimous in their opinion that Juninho was clearly a player of the highest calibre, would make a significant contribution to the English game and that a work permit should be issued to Middlesbrough Football Club.

Comments (34)

John Powls wrote...

Vic

As I've also said previously the case should be helped by the fact that Turkey is an EU accession country to which more lenient interpretation of the rules should apply.

Judging by the number of Turkish migrant workers in many EU countries already these restrictions seem more arcane as months go by.

What beggars belief, however, is that a tribunal operating properly in its vires wouldn't take account of previous appeal precedent.

So, if all you say is true about the player and his circumstances the there is no reason why the original tribunal shouldn't make a decision in line with the established case law precedent and save everyone a lot of time and effort.

The only risk in such a move would be that someone would challenge the ruling - but who? No club in another EU country, what could they hope to gain. And even if it were a club outside Europe on what grounds would they challenge?

They would have to show 'ultra vires' which this is clearly not. Another un-necessary pay day for bureaucrats and lawyers.

Let's hope it is as straightforward as it should be and that we can now shift all our atention to the 'spectaculars' and a right back. Actually, Rosenior's not a bad idea but I still prefer Volz and Baird.

Posted by: John Powls  | June 22, 2007 2:57 PM

John Powls wrote...

Vic

Further to my last I have just re-read the rules and it is clear that the original tribunal can take account of International games missed through injury so long as evidence of same is supplied - so no need for an appeal at all.

**AV writes: My understanding is that the initial appeal is rejected because the criteria is not met then we go immediately to appeal having already prepared the paperwork. It has become one smooth movement.

Posted by: John Powls  | June 22, 2007 3:06 PM

Ian Gill wrote...

AV

I would have thought a Galatasaray official would be just the ticket to get Tuncay out of the country.

Just off to get some mouth wash for the fat lady. It cant just be us who fret on every movement in.

There again the rumour in the Northern Echo took me aback - Greening being offered as a swop for Morrison and Davies! Now I was never a Greening hater but that takes the breath away.

Posted by: Ian Gill  | June 22, 2007 4:12 PM

Malc wrote...

Vic, sort us out Shaun Wright Phillips would ya. Thanks very much.

Posted by: Malc  | June 22, 2007 4:59 PM

Ian Gill wrote...

Unlucky that Henry chose Barca instead of us.

Not sure about the rumour of Rosenior for Morrison swop as Mozza has real potential. He can play right side and we would be stegthening one postion whilst weakening another. I like John Powls idea of going for Volz plus finding another right sided player.

If we have enough strikers still think Aliadiere could play on the right because of his pace and the fact he likes to run at players and take them on. People like Rocky, Mendi, Cat and Boat dont work because they all want to come inside and play centre mid. The wide men need to be attacking players although they have their of work to do.

There are still a few positions to sort out but we are moving forward, Woodie Tuncay and Aliadiere so early in the summer makes we wonder if July and August have passed me by.

Posted by: Ian Gill  | June 23, 2007 8:13 AM

John Powls wrote...

Ian

Don't know whether the Echo got it from the Mail or vice versa but the same thing was there too.

Whose nightmare did that little gem spring from? I've known our club do some stupid things but Greening back - even as a gift in a lucky bag - would be daft enough. But to swap him for 2 players - either of whom are better than he is..........

Posted by: John Powls  | June 23, 2007 9:56 AM

Very Happy wrote...

Anthony

Would I be right to presume that Dr Rogan Taylor, one of the panel members specialises in the mentality of how one stands, sits or speaks… prior to judgement?

South favours South on the more aggressive panels as Sheffield United will soon see.

Moving on to homely issues!

It seems we are house hunting for 2 midfield players. If that does materialise then George Boetang will leave, because of this new racy-age flow.

If the Editor puts an age cap on his racy team he will lose out though, because upstairs and downstairs are fields apart.

Keep us well fed AV....OK?

**AV writes: Ah communication via fortune cookie...

Rogan Taylor was a Hillsborough survivor, a founder member of the Football Supporters Association (as was your blogger) and later a key figure in making football a legitimate area of academic research. He is a lecturer at Liverpool John Moore's University department of Football Studies. And a top gadgie too it must be said.

Posted by: Very Happy  | June 23, 2007 1:20 PM

kinomuchi wrote...

i agreed with 'Malc'..

If Boro can sign Wright-Phillips.. Then we wouldn't need to find a right winger for years.. He's one of the best right winger in the EPL..

who doesn't want him anyway..??

I still couldn't find the need to sign Harte.. he's 29 & his best years will soon be over.. We should buy young & hungry players like volz.. but i still prefer Degen...

!!.... DEGEN FOR BORO ....!!

Posted by: kinomuchi  | June 23, 2007 2:24 PM

alf wrote...

I would like them to tighten up the work permit rules.

I have no problem with tuncay but I do with signing reserve players who need work permits. For example, dong gook lee. if he isnt going to be a regular and nothing more than a sub then surely the work permit people should be able to claim there are as good reserve eu strikers about. that stops english players from developing.

However the korean signing for a team in the championship should get the green light as he will get a regular game.

The current rules are flawed. Does it take into account the quality of his national side and the league he plays in? For example a Brazilian might not get a sniff of 1st team football for his national side and might be behind some top players in his league team but a better player than someone like dong gook lee.

Could we sign a striker from a national side ranked 100 because he has played for his country 70 times?

Surely the rules should be changed to just take into account the player individually such as if he will get a regular game for the new club. why should a player who isnt going to be a regular be granted a work permit?

I know in holland they are more flexible with non eu youngsters, such as brazilians then sell them on once they are fullfilling their potential. i think ronaldo was like this at psv

Posted by: alf  | June 23, 2007 2:54 PM

Very Happy wrote...

AV

Thank you for putting me right.

Dr Rogan Taylor credentials are indeed something to both respect and admire.

Reading behind the lines AV, do you think 2 top new midfielders’ are heading our way?

I say that, because I think that area of the field always edged the striker issue!

**AV writes: I certainly hope so. The right side of midfield has been a glaring problem for years now. Mendieta failed to solve it and everyone since then has been a stop gap.

Central midfield is less pressing because Arca and Rocky have shown promise while Tuncay is probably going to drop back into 'the hole', although you wouldn't say no to a creative player there with a bit of pace.

Defensive midfield is a tricky one. Boateng was playing with an injury last season. Let's hope he is fully fit this term and can answer his critics. If he can't then he could be the weakest link.


Posted by: Very Happy  | June 23, 2007 3:51 PM

Ian Gill wrote...

AV

Rogan Taylor is a top gadgie ando a Liverpool fan. He is also the person who after Hillsbrough said everyone should sit except the scousers in memory of the disaster. He helped airbrush out of history the role the fans played.

The lets go to matches witout tickets and force or blag our way in happened the year before at Hillsbrough but they got away with it. The police made mistakes but my understanding was the football authorities didnt print too many tickets. It happened at Athens again this year.

Oh yes, and Liverpool fans were involved at Heysel. Many British fans are trouble, some are repeat offenders.

If you dont approve of this AV you have my permission to airbrush this post.

Posted by: Ian Gill  | June 23, 2007 5:48 PM

Very Happy wrote...

AV

Tuncay has arrived with a heart full of passion and a point to prove, which I am sure he will unleash once Gareth has secured the services of those with equal commitment.

It must be very difficult trying to bring in those names that one has earmarked, because everyone is now rowing the same recognised boat.

Many names though have no interest whatsoever in the bright lights down South, because culture rules their decisions in life as you know full well.

That favours teams like us, because our turn over of players gives those wanting regular first team football far more advantages.


Finally Ian Gill

The reason that I asked AV about Dr Rogan Taylor was merely one of curiosity and no-more.

If football revealed its allegations and truths it would make a good read, in between all the lies!

Posted by: Very Happy  | June 23, 2007 10:51 PM

John Stone wrote...

I understand Bolo Zenden has been released by Liverpool.

How old is he now ? Is he fit ?

He was played out of position for me at Liverpool,but if his fitness is okay,I would have him back.Creative,good workhorse and scores goals.

Any news on him AV ?

**AV writes: I think PSV have been hinted at.

Posted by: John Stone  | June 24, 2007 10:20 AM

John Powls wrote...

Oh dear - the rumour about Greening still won't go away. Perhaps The Count can advise on just what sort of stake needs to be driven through its heart or where the silver bullet is that would kill this.

If Gate believes Mozza and Dava are surplus then there are better players to swap them for - even at The Baggies - Gera or McShane, for example.

Take your point about centre midfield, Vic, but what about some pace there as well as on the right wing? Neither Arca nor Rocky have got any and if we attack with pace and the midfield can't back up we end up with no service - again - and a yawning gap between the midfield and the front and no link up - again.

Posted by: John Powls  | June 24, 2007 11:38 AM

John Powls wrote...

Sorry - forgot to add to my bit about pacy central midfielders that today's batch of rumours contains the good news - if true - about our interest in Stephen Davis from Villa.

Posted by: John Powls  | June 24, 2007 11:45 AM

Ian Gill wrote...

Very Happy

No problem, Dr Taylor has done loads of good work and is a champion of the game and fans. I have a lot of time for him and shouldnt pick on him but having had an employee who came back after Hillsbrough looking like Brian Close did after his encounter with the West Indies pace men it brought home to me the problems. He was a nervous wreck for weeks afterwards. When I keep seeing the same problems occur again and again it makes me touchy.

Posted by: Ian Gill  | June 24, 2007 11:53 AM

Martin wrote...

AV - Off topic but, do you know if there is any truth in the rumour that Southgate has flown to America to convince Smith to come to Boro?

**AV writes: I've heard the rumour but think it unlikely. Man Utd haven't said he can go yet so that is probably jumping the gun.

Posted by: Martin  | June 24, 2007 2:16 PM

Neil wrote...

AV:

This has been an exciting off-season so far. I hope we can add the quality we need in midfield. If we can, I think we'll be a much better team. Next year is already shaping up to be a good season. Newcastle, Boro, Villa, Spurs and Portsmouth look like they've improved.

AV, slightly off-topic. My family and I will be visiting family this summer. I'd love to take my kids on a tour of the Riverside and the facilities. Whom would I contact to arrange something like that?

Thanks for keeping us up to speed on all of the Boro news.

One last point...I browsed the IC Newcastle site the other day to see the skunks' reaction to the "get out" clauses in Owens and Martins' contracts. I have to say that your blog is way better than the one they have there.

Cheers,

Neil

**AV writes: Yes, this blog is better but they get bigger crowds. Where have I heard that before?

As for a trip round the Riverside, they do regular school summer holiday trips round the stadium and Hurwoth. You can contact dave.allen@mfc.co.uk for details on that or I can heartily recommend the Sunday lunches at the stadium restaurant - brilliant food cooked by top notch chefs, excellent value and a free tour to boot.

Posted by: Neil  | June 24, 2007 4:37 PM

Ian Gill wrote...

Saw the Smith for £6million rumour on BBC but below it was Saviola as well.

Posted by: Ian Gill  | June 24, 2007 4:56 PM

Malc wrote...

Smith is too slow and still has a question mark over his fitness. Anymore than 3million would be a disaster. Forgetting about him would be my choice.

We should pick up Volz cheap and bid 10 million for SWP. Possibly add Zenden on a free for his attributes we already know while we only in the need for another striker if we lose Yakubu.

Now, if we lose Yak we should buy Volz, a cheap right winger like Gera and then bid everything we have on Keane. I'll negotiate with his bloody agent if Gibbo won't!

Finally, Greening is rubbish as is Andrew Davies so lets see them both at West Brom rather than at the Riverside or my season ticket's gonna sit in the cupboard all year.

Mozza stuff can't be true as he's a good little player and everyone sees it.

Posted by: Malc  | June 24, 2007 5:20 PM

Very Happy wrote...

AV

I hope when the players report back for training in July that all our wheeling and dealing has been finalised.

Yakabu will now know where he is heading, with the same 100% certainty that Viduka toyed with.

I am expecting the Yak’s departure to coincide with the imminent announcement of two incoming players.

I cannot see anything other than that AV, because it’s the only thing that will cushion the fans expectations and his departure is my idea of progress.

I am not expecting the club to sign a midfielder who is already in the Premiership either, because there are far better players & bargains sat on benches abroad.

Finally, Barcelona have stolen Thierry Henry at that price, because he was the buy of buys.

Posted by: Very Happy  | June 24, 2007 6:06 PM

Martin wrote...

Anthony, I know there is no rumours at all but, are the club doing anything about djibril Cisses' availability? I would love to see us having a go at signing him. He is a proven premiership goalscorer and quality talent.

I think it would be amazing if Boro didn't at least make an inquiry on him.

Posted by: Martin  | June 25, 2007 12:15 AM

John Powls wrote...

Vic

The Greening rumour now in The Times this morning.

Tell me it ain't so, Vic, tell me it ain't so!!

**AV writes: You shouldn't take the space filling cut-and-paste rumour frenzy too seriously at this time of the year.

Posted by: John Powls  | June 25, 2007 8:19 AM

Ian Gill wrote...

I know we shouldnt take all the rumours too seriously but the Greening one wakes you up quicker than a morning coffee.

The £6m for Smith is gathering pace.

Very Happy

I think all parties will be happy in the Henry deal though Arsenal may regret not selling him last year - could have named their own price.

From what you read he spent most of last season sulking or trying to grab all the attention, Wenger doesnt give much away. He probably needed to move to try something new.

He could prove a bargain but at 29 after missing a season with injury there is always a question mark. Still would have lived him at the Riverside to battle for a place on the bench with Dong Goal Less.

Posted by: Ian Gill  | June 25, 2007 9:27 AM

Never Happy wrote...

Why would Boro sign Greening when we have Downing and Johnson to play on the left of midfield?

What about trying for Anelka?

Posted by: Never Happy  | June 25, 2007 9:40 AM

Very Happy wrote...

Ian Gill

Dong Goal Less will not be able to battle for a place on the bench, because he has failed his MOT???

AV………I am firmly expecting you, as the Evening Gazette’s perfect ambassador to be unveiling either some names or close info this week. Perhaps that well deserved appraisal may loosen your pen.

Alan Smith does fit in with the criteria that has been lodged, by the way.

**AV writes "Ooooh ambassador, with zis flimsy speculation and second guessing you are spoiling us."

Posted by: Very Happy  | June 25, 2007 10:48 AM

Holgate Ender wrote...

if the know he will get it in appeal why not just give him it straight off? its just an excuse for the panel to have a big lunch on expenses.

Posted by: Holgate Ender  | June 25, 2007 11:17 AM

Neil wrote...

AV:

Thank you! The kids and I can't wait.

Keep up the good work.

Posted by: Neil  | June 25, 2007 11:19 AM

Never Happy wrote...

AV – any more compliments and you will not be able to fit your head through the door.

You are an after time guess merchant who makes plagiarism an art form. Tell us something new!!!

Only joking AV, I thought I had better try and bring you down a peg or two as I feared all the idolisation might make you dizzy and you could fall out of your ivory tower.

Is Very Happy a member of your family?

**AV writes: There are plenty of people to bring me down a peg or two without you lot joining in. I'm not sure about family but I have an eerie feeling that Very Happy may know about me than he is letting on.

Posted by: Never Happy  | June 25, 2007 11:47 AM

Very Happy wrote...

AV

When one looks at Alan Smith’s overall game, it is one of 100& fight. His awareness’ alone, passing wise, goes without question.

He is also a very versatile player whose upper body strength is superb. Regarding his goals for, brings it all back round in a circle again, because no strikers at the top 4 clubs plays out a season.

Therefore, it’s a case of pre-judging what the lad may produce, given what Gareth foresees.

IF he were to join the club and scored against Blackburn on his winning debut then…?

He obviously has no future at Man Utd and in Woody and Downing he has 2 England international team mates for starters.

So my verdict on him is a yes.

Finally, that Sunday Carvery served at the Riverside Stadium is superb.


Posted by: Very Happy  | June 25, 2007 1:11 PM

Shaun wrote...

£16m for Henry and £17m touted for Darren Bent? I wonder if Barcelona had a cheeky little look at Darren as well... the valuations being tossed around a entirely out of sync. I know Henry is 29, but his record does the talking. I'm glad we don't have £17m to throw at Bent.

At £6m, Smith would be great value. Pompey want a piece of the action as well but they will make way because they much prefer Yakubu.

I'm not a fan of throwing £10m at SWP either. He's a cracking player but we can't afford that sort of money on one player and we have others areas that require improvement.

No clubs seem to be looking at Luke Young. That's a bit of a shame. He would be a great addition to Boro.

Posted by: Shaun  | June 25, 2007 2:01 PM

John Parkin wrote...

What's this rumour I have heard that Steve Gibson & Keith Lamb were spotted having a meal with Saviola & Riquelme? Dose anyone know how true it is?

Please let it be true.

**AV writes: I thought it was that Gibbo and Lamby were spotted having a meal of savaloy and ravioli.

Posted by: John Parkin  | June 25, 2007 3:21 PM

Simon wrote...

yes, i saw them having a meal too. it was the little chef on the A19. it wasn't saviola though... it was kaka!!!

Posted by: Simon  | June 25, 2007 7:30 PM

alf wrote...

bents not bad value when you consider we are happy to pay £6 million for smith. cost per goal they would be very similar

Posted by: alf  | June 25, 2007 8:13 PM

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