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Family Law

The leading authority on all aspects of family law

22 NOV 2011

HUMAN RIGHTS: R (on the application of Quila and anor) v Secretary of State for the Home Department [2011] UKSC 45

(Supreme Court, Lord Phillips, Lady Hale, Lord Clarke, Lord Wilson - Lord Brown dissenting, 12 October 2011)

In relation to the immigration rule refusing entry clearance to the spouse of a UK national where either spouse was under age 21, the Home Secretary failed to establish that the interference with the right to family life was justified. The objective of preventing forced marriage was legitimate but the impact on couples not subject to forced marriage was disproportionate.

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