Source: All England Reporter
Publisher Citation: [2006] All ER (D) 151 (Apr)
Neutral Citation: [2006] EWHC 823 (Admin)
Court: Queen's Bench Division (Administrative Court)
Judge:

Silber J

Representation Rembert De Mello, Satvinder Juss and Adrian Berry (instructed by David Tang & Co) for the first claimant.
  Manjit Gill QC, Rembert De Mello, James Collins and Adrian Berry (instructed by Sheikh & Co) for the second and third claimants.
  Monica Carss-Frisk QC and Angus McCullough (instructed by the Treasury Solicitor) for the Secretary of State.
  Richard Drabble QC and Eric Fripp (instructed by the Joint Council for the Welfare of Immigrants) for the Joint Council for the Welfare of Immigrants. as intervener.
Judgment Dates: 10 April 2006

Catchwords

Immigration - Circumvention of immigration control - Sham marriages - Regime to prevent sham marriages - Person subject to immigration control wishing to marry other than according to the rites of the Church of England - Person having to apply to Secretary of State for certificate of approval to marry - Whether regime incompatible with human rights - (Treatment of Claimants, etc) Act 2004, s 19 - European Convention on Human Rights, arts 12, 14.

The Case

The regime introduced by s19 of the to prevent sham marriages, by which a person, who was subject to immigration control and who wished to enter into a civil marriage in the United Kingdom under of the Marriage Act 1949 (that was a marriage other than according to the rites of the Church of England governed by Pt II of the 1949 Act), had to apply to the defendant Secretary of State for a certificate of approval to marry was incompatible with arts12 and 14 of the European Convention on Human Rights on the grounds that it affected the art12 rights of substantially many more people than would be necessary to achieve the legislative purpose of preventing sham marriages and that it had constituted direct discrimination on the grounds of religion and nationality, in contravention of art14, which was not justified in the interests of immigration control.

Practice Areas

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