The UK Supreme Court has ruled in the joined cases of R (Quila & Anor) v Secretary of State and R (Bibi & Anor) v Secretary of State that the blanket visa ban on British citizens who are under 21 and bring spouses to the UK infringes the right to family life, as guaranteed by Article 8 of the European Convention on Human Rights (ECHR).
Regular Bulletin readers may recall that the ban had originally been introduced to act as a deterrent in relation to forced marriages. The UK Supreme Court has stated that there is no cogent evidence to suggest that it has been successful in its goal. The Joint Council for the Welfare of Immigrants (JWCI) claim that the ban was affecting couples who wished to get married of their own volition, as it is applicable to spouses and partners coming to reside with their partners from outside the European Union.
Habib Rahman, chief executive of the JWCI, said: "This is a great day for the right to a family life in the UK. This was a law introduced on the hoof, which had no discernible effect on forced marriage, but infringed on the rights of UK citizens to live in the UK with their partners. We are delighted to see it consigned to the scrapheap of misguided legislation."
Click here to view a piece in The Guardian on the case.
Click here to read a piece by JWCI on the case.
Click here to read an article on the UK Human Rights Blog about this case.