(Commission ) The first applicant (a Moroccan) had come to the Netherlands and obtained a residence permit on the strength of a permanent relationship with a Dutch woman. That had failed, but he now wished to marry another Dutch national. The applicants complained that they were not to be allowed to marry. They were both present in the Netherlands. They would be prevented from marrying because of a decision to expel the intended husband to Morocco. They then went to Morocco and married. The first applicant then obtained a residence permit to stay with his wife in the Netherlands.
Held: The claim was manifestly ill-founded: ‘Act 12 of the Convention does not guarantee the right to marry in a particular country, or under a particular legal system.’ The prospect of marriage need not disrupt the ordinary course of immigration control.
Citations:
(1985) 8 EHRR 308, 10914/84
Statutes:
European Convention on Human Rights 12
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 . .
Cited – Baiai and others, Regina (on the Application of) v Secretary of State for the Home Department HL 30-Jul-2008
In order to prevent marriages of convenience in the UK the Secretary of State introduced a scheme under which certain persons subject to immigration control required her written permission to marry and would not receive it unless they were present . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 20 May 2022; Ref: scu.240355