Rolled up hearing for permission and, if permission be granted, the substantive hearing of a challenge to an amendment made in November 2010 to the Immigration Rules laid before Parliament by the respondent, Secretary of State. In essence, these claimants challenge those parts of the rules that require a person seeking entry clearance to join a spouse settled in the United Kingdom having to demonstrate an understanding of the English language and the British way of life subject to certain exceptions that are not material.
Held: Blake J said: ‘… members of such a class are the beneficiaries of a special legal regime, in a different position from either aliens or generally, or British citizens who fall altogether outside the scope of EU law. They are thus incapable of being a comparator class, or a group who are analogously situated with the claimants.’
Judges:
Blake J
Citations:
[2012] EWHC 2789 (Admin)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
Lists of cited by and citing cases may be incomplete.
Immigration, European
Updated: 05 November 2022; Ref: scu.464958