Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

10 APR 2006

IMMIGRATION/MARRIAGE: R (Baiai) v Secretary of State for the Home Department [2006] <i>The Times</i> April 14

(Queen's Bench Division; Silber J; 10 April 2006)

The statutory regime which required people subject to immigration control to request permission before they could undergo any non-Anglican form of marriage (at a cost of £135) contravened Arts 12 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, guaranteeing the right to marry, and the right not to be discriminated against for reasons of religion or nationality. While it was legitimate to introduce legislation to prevent sham marriages, the measures in this regime were not rationally connected to the objective of preventing sham marriages, not only because Anglican marriages were exempt from the need to obtain the certificate of permission, but also because the regime contained an almost inflexible rule that there was not to be any consideration of the merits of an application, the success of such an application depending on the immigration status of the applicant.

Family Court Practice 2016, The

(Red Book)

Order your copy today and get the Autumn Supplement

More Info from £465.00
Available in Family Law Online
Red Book Plus

Red Book Plus

Family Court Essential Materials

This ready reference guide for all family court practitioners and judges provides a portable...

Subscribe to our newsletters