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Court of Appeal quashes Home Secretary's policy on right to marry for immigrants

 
 

Manjit Gill QC, Ramby de Mello and Satwinder Juss acted for the claimants in Secretary of State v Baiai and otrs. This was the first case after the Human Rights Act 1998 in the higher courts on the right to marry under art 12 of the ECHR. In rejecting an appeal by the Secretary of State and in upholding a cross appeal by one of the claimants, the Court ruled that the policy of requiring immigrants on certain types of leave or illegal entrants or those without leave to obtain a 'certificate of approval' from the Home Secretary before they could marry in the UK was a disproportionate interference with the right to marry. The Secreatry of State did not appeal against Silber J's earlier finding in the High Court that the policy was discriminatory.