Prior to the coming into force of the Civil Partnership Act 2004, it was not a breach of art 14 of the ECHR amounting to unlawful discrimination on the ground of sexual orientation to refuse to grant leave to a person in a same-sex relationship who could not satisfy the requirements of the Immigration Rules in circumstances where a party to a marriage would be granted leave under the Rules. The differential treatment was, at that time, objectively justified. (N.B. Because of the provisions of the Civil Partnership Act 2004 this is an example of the rare case where leave to remain is an essential requirement for the development of family life under art 8.)
Judges:
Chalkley, Grubb, Spencer SIJJ
Citations:
[2006] UKIAT 00075
Links:
Statutes:
Civil Partnership Act 2004, European Convention on Human Rights 8 14
Jurisdiction:
England and Wales
Immigration, Family, Human Rights
Updated: 08 July 2022; Ref: scu.245502
