IMMIGRATION/ MARRIAGE: Aguilar Quila v Secretary of State for the Home Department [2010] EWCA Civ 1482

27 JAN 2011

(Court of Appeal; Sedley, Pitchford and Gross LJJ; 21 December 2010)

A 21 year old man from Chile married a 17 year old British citizen. The Home Office refused to recognise their marriage even after the woman became 18 because in the meantime a new immigration rule was introduced that required both parties to marriage to be 21.

Held that the immigration rule could not be lawfully applied in the present case as it was not proportionate to the objective of combating forced marriage.

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