Challenge to the amendments to paragraph 281 of the Immigration Rules requiring the foreign spouses and partners of British citizens or persons settled in the UK applying for what I shall refer to as ‘spouse visas’, that is for leave to enter the UK with a view to settlement, to produce a test certificate of knowledge of the English language to a prescribed standard.
Held: t Beatson J concluded that the fact that it might be possible to argue that the operation of the Rule was a disproportionate infringement of an individual’s article 8 rights did not render the Rule itself disproportionate.
Judges:
Beatson J
Citations:
[2011] EWHC 3370 (Admin), [2012] 2 All ER 653
Links:
Statutes:
European Convention on Human Rights 8 12
Jurisdiction:
England and Wales
Cited by:
Appeal From – Bibi and Another, Regina (on The Application of) v Secretary of State for The Home Department CA 12-Apr-2013
The applicant appealed against refusal of her challenge to the regulations requiring certain standards of spoken English in foreign spouses seeking to come here to be with their settled or British Citizen spouse.
Held: The imposition of the . .
At first instance – Ali and Bibi, Regina (on The Applications of) v Secretary of State for The Home Department SC 18-Nov-2015
At the claimants alleged that the rules requiring a foreign spouse or partner of a British citizen or a person settled in this country to pass a test of competence in the English language before coming to live here were an unjustifiable interference . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights, Discrimination
Updated: 01 October 2022; Ref: scu.450067
