The Commission considered a complaint where entry clearance was refused for the Philippine fiancee of a disabled man of limited means on the basis that she did not have the means to maintain and support herself without access to public funds.
Held: The complaint was manifestly ill-founded. There was no evidence there would be any legal obstacles preventing the applicant from marrying his fiancee in the Philippines. The article 12 right: ‘does not, in principle, include the right to choose the geographical location of the marriage’ and ‘the Commission considers that the limitation of immigration possibilities to only those people who will definitely not create an economic burden on the host state is not of itself an unreasonable or arbitrary requirement’.
Citations:
9773/82, [1982] 5 EHRR 296
Statutes:
European Convention on Human Rights 8 12 14
Jurisdiction:
Human Rights
Cited by:
Cited – Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department Admn 10-Apr-2006
The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The . .
Cited – Secretary of State for the Home Department v Baiai and others CA 23-May-2007
The claimants challenged rules which meant that certain immigrants subject to immigration control were unable to marry, save only those marrying according to the rites of the Church of England.
Held: The rules were not justified by evidence . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Immigration
Updated: 11 July 2022; Ref: scu.240354
