R (on the application of Quila and another) (FC) (Respondents) v Secretary of State for the Home Department (Appellant) R(on the application of Bibi and another)(FC) (Respondents) v Secretary of State for the Home Department (Appellant) [2011] UKSC 45 (12 October 2011)

News on October 27th, 2011 Comments Off on R (on the application of Quila and another) (FC) (Respondents) v Secretary of State for the Home Department (Appellant) R(on the application of Bibi and another)(FC) (Respondents) v Secretary of State for the Home Department (Appellant) [2011] UKSC 45 (12 October 2011)

The Supreme Court held that refusing to grant marriage visas to the respondents in this case infringes their rights under article 8 of the ECHR. The age restriction of 21 was introduced in the immigration rules with the aim of preventing forced marriages. The court held the increase in the spouse visa age was a disproportionate means of achieving that purpose because although the foreign spouse can be denied entry clearance to the UK, the sponsor could be made to move abroad to the foreign spouse’s home country to live in a forced marriage.  The rules may not be changed in the near future in light of the Supreme Court’s judgment but a spouse application refused on age grounds will succeed at appeal.

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