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1) DIEGO ANDRES AGUILAR QUILA & AMBER AGUILAR (2) SHAKIRA BIBI & SUHYAL MOHAMMED v S OF S FOR THE HOME DEPARTMENT & (1) ADVICE ON INDIVIDUAL RIGHTS IN EUROPE (AIRE CENTRE) (2) SOUTHALL BLACK SISTERS

A refusal to grant a marriage visa to a foreign national, as a spouse of a person settled in the United Kingdom, where either party to the marriage was aged under 21, in accordance with the Immigration Rules r.277, breached the rights under the European Convention on Human Rights 1950 art.8 of those affected. There was insufficient evidence to establish that the interference with art.8 rights caused by the application of r.277 was justified.

17 October 2011

The appellant secretary of state appealed against a decision ((2010) EWCA Civ 1482, (2011) 3 All ER 81) that her application of the Immigration Rules r.277 to the respondent foreign nationals (Q) had been unlawful as being in breach of their rights under the European Convention on Human Rights 1950 art.8. Q were married to British citizens. They had applied for marriage visas, but the secretary of state refused those applications on the ground, pursuant to r.277, that Q and/or their spouses were aged under 21 when Q had arrived in the United Kingdom. The minimum age for the grant of a marriage visa had been raised from 18 to 21 in order to deter forced marriages. It was not suggested that Q’s marriages were forced.

HELD: (Lord Brown J.S.C. dissenting) (1) The court declined to follow the decision of the European Court of Human Rights in Abdulaziz v United Kingdom (A/94) (1985) 7 EHRR 471 ECHR that similar refusals of permission to remain had not infringed art.8; that was an ...

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