http://www.freemovement.org.uk/2013/07/05/high-court-finds-minimum-income-rules-disproportionate-and-unjustified/
Previously :
http://britcits.blogspot.co.uk/2013/07/important-decision-coming.html
Almost exactly a year after they were first introduced, Mr Justice Blake sitting in the High Court has in a lengthy, complex and very carefully considered judgment found that the controversial immigration rules requiring a minimum income of at least £18,600 for spouse visa applications are ‘unjustified and disproportionate’ where the sponsor is a refugee or a British citizen.
...
Blake J observes that British citizens have ‘a fundamental right of constitutional significance recognised by the common law’ to live in their home country but that for many applicants (estimated at around half the British population, in fact) if they wish to marry and live with a foreigner the rules require them to leave their own country. The consequences of this are considered by the Court to be so excessive in impact as to be beyond a reasonable means of giving effect to the legitimate aim behind the new rules.
Similarly, recognised refugees have not ‘chosen’ to live in the UK and make it their country of residence. They have been forced to leave their own country. To force a refugee to make a choice between marrying their partner of choice or leaving their country of refuge is simply unreasonable.
...
The judgment will come as a huge relief to the thousands of British and refugee families separated by these severe rules. It may even come as a relief to the Government, given the growing chorus of criticism in local and national media: what a result, to be able to look tough on immigration, blame the judges, escape the consequences of the policy and avoid the embarrassment of a climbdown.
Interestingly, there has been no knee-jerk condemnation of the judgment and the Home Office state they are pausing consideration of affected cases. This holds out at least a little hope that the Home Office will not actually appeal this one.
---
Whatever happens - let's keep fighting, keep united, and not be bought off. Remember those who won't benefit from any concessions that may be coming - remember the five years to ILR, the language requirement, the elderly dependants, the Brits locked into exile, the migrant comminities to whom this is yet another blow, and the way those affected have been treated and dismissed so far.
The combined efforts of all of us have achieved a lot in just a year - including those whose stories are on this blog who contributed evidence to this particular case.
Keep campaigning.
---
High Court deals another blow to the Home Secretary’s rules on family migration and the minimum income threshold.
http://www.no5.com/news-and-publications/news/546-high-court-deals-another-blow-to-the-home-secretary-s-rules-on-family-migration-and-the-minimum-income-threshold/
Although the court did not strike down the rules as such, its declaratory judgment is a green light to foreign spouses who previously thought they had no prospect of being allowed to live together with their spouses in the UK to apply for permission to enter. After this judgment, many are likely to succeed in being allowed to enter under Art 8 of the European Convention on Human Rights even though they cannot satisfy the harsh requirements of the rules especially if, for example, the UK sponsoring spouse earns above the national minimum wage, there is reliable ‘third party support’, there is reliable evidence that the foreign spouse or partner will be working in the UK, or where children are likely to be affected so that is not in their best interests for the foreign spouse to be refused entry.
---
Today, 5 July 2013, the High Court handed down its judgment in a Judicial Review of the minimum income threshold for spouses/partners and children applying in the family route.
The Home Office has paused decision-making on some spouse/partner and child settlement visa and leave to remain applications to enable us to consider the implications of the judgment.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2013/july/16-judgement
---
High Court finds family immigration rules are not unlawful but the earnings threshold amounts to a disproportionate interference with family life.
http://www.ein.org.uk/news/high-court-finds-family-immigration-rules-are-not-unlawful-earnings-threshold-could-amount-disp
No5 Chambers continued in its press release: "Although the court did not strike down the rules as such, its declaratory judgment is a green light to foreign spouses who previously thought they had no prospect of being allowed to live together with their spouses in the UK to apply for permission to enter. After this judgment, many are likely to succeed in being allowed to enter under Art 8 of the European Convention on Human Rights even though they cannot satisfy the harsh requirements of the rules especially if, for example, the UK sponsoring spouse earns above the national minimum wage, there is reliable ‘third party support’, there is reliable evidence that the foreign spouse or partner will be working in the UK, or where children are likely to be affected so that is not in their best interests for the foreign spouse to be refused entry. "
The Home Office has now announced that it has paused decision-making on some spouse/partner and child settlement visa and leave to remain applications to enable it to consider the implications of the judgment.
---
The full decision :
http://www.bailii.org/ew/cases/EWHC/Admin/2013/1900.html
---
https://twitter.com/BaileyYamamoto :
Victory! What a relief! Hopefully we can all be at home with our families soon :)
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/87-min-income-threshold
---
https://twitter.com/ColinYeo1 :
Ok, in fact the spouse visa case is a huge victory for the claimants, court finds new rules disproportionate for Brits and refugees
---
https://twitter.com/ColinYeo1 :
BBC report on immigration judgment today is wrong, actually held rules DO breach human rights, see http://wp.me/p1Zj2l-2k0
---
https://twitter.com/ColinYeo77 :
Home Office decision making paused following Blake's judgment, could mean they do not appeal?
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/87-min-income-threshold
---
https://twitter.com/migrants_rights :
For a better (more accurate) coverage than @BBCNews on the Family Migration judgement see @No5chambers analysis
http://www.no5.com/news-and-publications/news/546-high-court-deals-another-blow-to-the-home-secretary-s-rules-on-family-migration-and-the-minimum-income-threshold/
No comments:
Post a Comment