JCWI : Home Secretary's victory in MM case

http://jcwi.org.uk/blog/2014/07/17/home-secretarys-victory-mm-case

This judgment continues to allow wealth to dictate whether a British citizen has the right to fall in love with a foreigner and be entitled to family life in the UK. This cannot be right.

More posts on the MM case :
http://britcits.blogspot.co.uk/search/label/mm

White feathers

https://twitter.com/Pkakooza :
A #whitefeather 4 Halima.Forced to be a single mother coz she's 2 poor 2 be reunited with her husband @David_Cameron

https://twitter.com/TransplantM :
@David_Cameron Here's a #WhiteFeather for our baby who may not know their father's arms thanks to your visa rules.

https://twitter.com/m_sadeghi555 :
@David_Cameron #whitefeather imagine you can not live with you family because you don't earn 18,600 GBP

https://twitter.com/Karen20149 :
@David_Cameron Here is my #whitefeather for my hardworking USA spouse to be. I don't earn £18,600 - am a mere valuable teaching assistant.

The White Feather Campaign :
http://lovelettershome.org/blog/send-white-feather/
http://britcits.blogspot.co.uk/2014/07/send-white-feather-httplovelettershome.html
http://britcits.blogspot.co.uk/2014/07/white-feather-campaign-read-about-white.html

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Migrants' Rights Network : Two steps forward, one step back for the family migration campaign

http://www.migrantsrights.org.uk/blog/2014/07/two-steps-forward-one-step-back-family-migration-campaign

'The path to fairer rules on family migration is not a smooth one... This week, the two year anniversary of the rules, saw dedicated campaigning action, new political commitments and a devastating legal judgement.'

MM and Ors case overview, by BritCits

http://www.scribd.com/doc/231039718/MM-and-Ors-Case-Overview

'An overview of the judgment handed down on 11 July 2014 and the two-day Court of Appeal hearing on 4-5 March 2014, in the MM and Ors vs Secretary of State, Home Department (Theresa May) case.'

' The CoA judgment yesterday took us all by surprise. Why this judgment has hit so hard is that it is completely at odds with how the hearing in March seemed to go ... The unanimous decision to allow Secretary of State Home Department’s appeal is unsettling. That so much of the MM evidence is not referred to is disconcerting. That the judges took over four months just to say everything about the rules is lawful, is disrespectful to the thousands of families who are victims of these rules, the government and now our judicial system.

'Whilst the High Court judgment was lauded as a victory by pretty much everyone, I did not think even that went far enough in addressing the problems with the rules especially as they impacted self-employed, pensioners and Brits overseas. CoA on the other hand has gone to an extreme by stating High Court was wrong to find anything at all unlawful about the rules – in its view there is nothing unlawful about these rules. Bird in hand….

'There is no acknowledgement by CoA of British citizens being able to go down the ‘Surinder Singh’ route which would negate the need to meet any financial requirements, pass the English test, pay over £3000 in visa fees and would render the foreign partner with recourse to public funds. Economic well-being and integration justifications for these rules, put forward by HO and accepted by CoA, thus fall apart, as the rules only serve to cause inconvenience to British families to detriment of our economy and public interest, with most severely impacted being non-citizen residents and refugees.

'I’m left with the impression HO and judges had a decision in mind and just sought excuses to justify their policy and judgment respectively, rather than objectively assessing the evidence at hand in order to then reach a conclusion, in the process therefore ignoring the devastating impact on families. Layman’s interpretation of CoA judgment below – do read the actual judgment and form own views http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2014/985.html

Continued : http://www.scribd.com/doc/231039718/MM-and-Ors-Case-Overview

MM roundup and commentary (part 3) - some more tweets :

https://twitter.com/SalCardiff : A British child should have the right to live in their own country with both their parents. #MMcase

https://twitter.com/DignifiedRice : My husband is being kept out of his own country because he married a foreigner and he doesn't want to leave me. That's fair? #MMcase

https://twitter.com/DignifiedRice : Are you delighted that my husband can't live with me in his own country? Does that DELIGHT you, @JBrokenshire ? Does our pain amuse?

https://twitter.com/TransplantM : I got to see our baby (ultrasound) for the first time... and learned that the Home Office might be ripping our family apart. #mmcase

https://twitter.com/jaydhoowooah :@MaidenheadTory thanks for breaking up my family even though my husband lived & worked in uk for 5 years #MMcase

https://twitter.com/ZeeshanHumayun : Warning: "Dont be poor and fall in love with a foreigner" #MMcase http://www.theguardian.com/law/2014/jul/11/appeal-court-18600-foreign-spouse-uk …

https://twitter.com/LewPort : @AmnestyUK Will you offer words on today's UK Court verdict that earning below £18.6k should deny you a right to family life? #MMcase

https://twitter.com/JudithBeyer : Some are delighted that families are kept apart #MMcase #immigration #UK @ein_website https://www.gov.uk/government/news/home-office-wins-judgment-on-minimum-income-threshold

https://twitter.com/alscriv : It's "reasonable" to ban poor people from marrying foreigners according to Court of Appeal.Shameful #MMcase http://goo.gl/R8QdeG

https://twitter.com/eredarP : A country poking itself in the eye: If you don't earn £18,600 a year your spouse can't live in UK http://gu.com/p/3qq6y/tw  #MMcase

https://twitter.com/MortonAlex : implications of @JBrokenshire statement - anyone on < than £18.6k does not "work hard" or "contribute" and is "unable to integrate" #MMcase

https://twitter.com/BritCits : "All they need to do is legislate foreign spouses be prevented from using public funds. Oh wait, they already are, aren't they?" #MMcase

https://twitter.com/int_advice : Student @sheffielduni & worried how #MMcase affects you? Confidential advice & support from @sheffieldsac

https://twitter.com/SeanWoking : Tories the party of the family? Do me a favour. You're separating 1000s of married couples just to look tough on immigration #MMcase

More MM posts -

Invictus :
http://britcits.blogspot.co.uk/2014/07/invictus-out-of-night-that-covers-me.html

MM roundup and commentary (part 1) - blogs, campaigners, lawyers :
http://britcits.blogspot.co.uk/2014/07/mm-roundup-part-1-migrants-rights.html

Links to the full MM judgement :
http://britcits.blogspot.co.uk/2014/07/the-full-mm-judgement-11th-july-2014.html

MM roundup and commentary (part 2) - social media, Facebook, Twitter :
http://britcits.blogspot.co.uk/2014/07/mm-roundup-part-2-twitter-and-facebook.html

A personal view on today :
http://britcits.blogspot.co.uk/2014/07/mm-ors-initial-response-personal-view.html

BritCits 11th July mailer - after MM :
http://britcits.blogspot.co.uk/2014/07/britcits-11th-july-2014-mailer-after-mm.html

BritCits 11th July 2014 mailer - after MM

http://www.scribd.com/doc/233542074/11-July-2014-Mailer

Mailer providing update on MM judgment handed down by Court of Appeal on 11 July 2014.


'Today more than ever in last 2 years we need solidarity & strength.Campaign against rules- legally & politically - continues.'

MM & Ors : Initial response (a personal view)

The judgement today is bad news, but we always knew that bad news would be a possibility. We hoped for the best, but we have always been realistic about the chances that there would be setbacks.

Campaigns against draconian family migration laws in other parts of Europe - in countries such as Denmark and Norway - have been running for a decade now. The campaign still goes on in those countries, and provides a platform and support for those affected. Campaigns against injustices such as the Hillsborough coverup also continue. These campaigns endure - they change, they have ups and downs, but the fight goes on, because the thirst for justice - the thirst for love, for family - is fundamental to the human condition.

We will continue to support those affected. We will fight this battle, family by family, through information sharing, media work, and researching and offering solidarity and solutions - as we have done since the rules came in.

We will keep lobbying politicians to get a commitment from them to scrap these unjust laws. This could take time in the current climate, but in the meantime we will support you.

We will continue to campaign and to work with other campaigners.

Let us learn the lesson of the the campaigns of the 1980s and 1990s, where the racist primary purpose rule divided similar numbers of families. It was ultimately a commitment from a major political party that eventually did for those rules, after much lobbying and hard work, by campaigners and by those affected. Many of the campaigners involved then are supporting us now, and we thank them for their continued efforts and for their shared wisdom.

In the meantime, let's support those affected and help them find solutions appropriate to them.

We are here for you, and however the campaign evolves and changes (as it will) over the coming months - and years - we will remain here for you, always.

“The arc of the moral universe is long, but it bends towards justice.” ― Martin Luther King Jr.

MM roundup part 2 : Twitter and Facebook

https://twitter.com/Miss_coe : These 2little girls have been denied a daddy by home office this does not make me proud to be British!!! #MMcase pic.twitter.com/cCkYTYBXj1

https://twitter.com/alscriv :  Things that delight me: good films, stargazing, travel.Things that delight @JBrokenshire: breaking families. Possible mental case?

https://twitter.com/ColinYeo1 : "61% of women and 32% of men will not qualify to bring in a family member" @MigObs on #MMcase issues back in 2012 http://www.migrationobservatory.ox.ac.uk/press-releases/women-young-people-and-non-londoners-are-most-affected-changes-family-migration-polic

https://twitter.com/ColinYeo1 : I am struggling to think of any other legal case that can have caused as much direct anguish to as many people as #MMcase

https://twitter.com/crookedfootball : Gutted about the #MMcase but Court of Appeal seems often to be more establishment than @UKSupremeCourt - so hope for appeal success

https://twitter.com/PaulBlomfieldMP : Thousands of families remain split apart because of the #familymigration rules. They're causing real anguish https://www.facebook.com/paulblomfieldmp/posts/10152101527741734 … #MMcase

https://twitter.com/Heather_Jones5 : HO wins judgment on minimum income threshold https://www.gov.uk/government/news/home-office-wins-judgment-on-minimum-income-threshold …
#MMcase devastating - Warning "Do not fall in love with a foreigner"

https://twitter.com/chris8tine : @ukhomeoffice 'delighted' families permanently separated by today's ruling - & they preach #BritishValues?! #MMcase https://www.gov.uk/government/news/home-office-wins-judgment-on-minimum-income-threshold …

https://twitter.com/BritCits : You realise by shattering families you're building up a whole bunch of bad karma for yourself @JBrokenshire @ukhomeoffice ? #MMcase

https://twitter.com/artclarke57 : It's sad my dogs have more right 2 come back & live in UK with me than my wife does.

https://twitter.com/BritCits : Britcit with Bangladeshi wife:"Dont understand why court spent 4m for this disastrous conclusion when >3000 families in pieces" #MMcase

https://twitter.com/wayne_pearsall : lost battle but not war.  Beat ukba and Singh http://surinder-singh-route.info

https://twitter.com/EiriOhtani : Even if the Court does not agree with us, the current #familimigration rules are indefensible. Don't give up people! #MMcase

https://twitter.com/davidcorton : @JBrokenshire oh you're 'delighted'? DELIGHTED!? To be breaking families up? What kind of man makes a comment like that? #MMcase

https://twitter.com/ZahiraHassan : What? judge said in Appeal Court, #MMcase 'rules are discriminatory but justified'.Discrimination is never justified."lessons: equality&law.

https://twitter.com/LawFirmLimited : #MMCase judgement - rules 'discriminatory but justified' #familymigration #immigration #law #AppendixFM #HomeOffice #familylife

https://twitter.com/johnstuadams : Devastating news on the #MMCase judgement. But we must still keep up the fight. People have a right to be with their loved ones.

https://twitter.com/migrants_rights : Disappointing decision in #MMcase but this is not end of the story. Fight goes on and we won't stop until we get rules protecting families!

https://twitter.com/Cailean_Mac : Will pass most people by, but the #MMcase means that many British Citizens will be separated from their partners thanks to UK Govt policy.

https://twitter.com/MFImmigration : Disappointed to hear decision in #MMcase. Case likely to go to the Supreme Court now.

https://twitter.com/anamacouzet : Disappointed to hear #MMcase judgment - rules 'discriminatory but justified'. More families will be separated.

https://twitter.com/BritCits : "A sad day"  "Crazy!"  "Gutted" "This is so unfair!" "Just a complete let down isn't it...can't bring myself to read it [judgment]!" #MMcase

https://twitter.com/BritCits : Justice was NOT served today. On BC FB: "It's a massive injustice."

https://twitter.com/BritCits : BC FB: "One hand they said discriminatory and on other hand lawful...how does that work?"   "This is not justice" #MMcase

https://twitter.com/BritCits : "Thanks for tearing my family apart Theresa May;would love [u] to explain to 4yo where his daddy is when crying himself to sleep!" #MMcase

https://twitter.com/BritCits : The silver lining from awful #MMcase judgment is that those on hold will now be refused & hence able to appeal, likely on Article 8 grounds

https://twitter.com/lovelettershome : We have word that BBC Newsnight is doing a feature on the #MMcase tonight, including people from our book. Exciting! 22:30, BBC2

https://twitter.com/Branquelo84 : my heart goes out to the ones suffering with this desicion. I too am crushed. my search for a job with 60 hours per week continues

https://twitter.com/ColinYeo1 : Someone is really starting to take the piss with the Home Office photo choices: https://www.gov.uk/government/news/home-office-wins-judgment-on-minimum-income-threshold

https://twitter.com/AdamWagner1 : Perhaps the parent is holding £22,400 in the hand we cannot see

https://twitter.com/Miss_coe :

MM roundup part 1 : Blogs, campaigners, lawyers

Migrants' Rights Network : Court of Appeal rules against challenge to lawfulness of family immigration rules

http://www.migrantsrights.org.uk/news/2014/court-appeal-rules-against-challenge-lawfulness-family-immigration-rules

'The long-awaited judgment of the Court of Appeal in the case ‘MM’ on the matter of the lawfulness of the UK immigration rules setting income levels for the sponsorship of non-EEA family members was made public this morning.

'The Court ruled that the Secretary of State’s rules, though discriminatory in their effect, had a legitimate objective and were for this reason not unlawful.

'The immigration rule which was subject to the proceedings requires the British resident sponsor of a non-EEA spouse to demonstrate an income of at least £18,600 per annum in order that a visa be issued.  In the event that a non-EEA national child is being sponsored a further £3,800 per annum income is required for the first child and £2,400 for each additional child after that. Provisions also exist for the sponsor to demonstrate a means to support through the savings of amounts indicated by the rules being available.

'In a case in the High Court in which judgment was given 2013 Mr Justice Blake had ruled that the rules were a disproportionate interference with the UK resident’s right to family life under the terms of Article 8 of the European Convention of Human Rights.  This was the issue being considered on an appeal by the Secretary of State.

'In a long ruling on the matter the Court set out the view that, although the rule did discriminate against people with modest incomes they were not inherently irrational given the government’s legitimate aim in limiting the impact of immigration on public funds.

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43 Temple Row (MM lawyers) : Court of Appeal rules on family migration and the minimum income threshold

http://43templerow.co.uk/court-appeal-rules-family-migration-minimum-income-threshold/

'Whereas Mr Justice Blake’s decision had properly considered the detailed evidence provided by the claimants’ lawyers, the Court of Appeal barely considered it. The decision comes over four months after the appeals were heard in March 2014 and two years after the rules were introduced. Since Mr Justice Blake’s decision, the Secretary of State has imposed a stay on considering applications which would otherwise have been refused for failure to satisfy the new rules. That stay will no doubt now be lifted. This will at least give people an opportunity to mount an appeal against negative decisions.'

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Free Movement : Outcome of MM minimum income case in Court of Appeal

http://www.freemovement.org.uk/outcome-of-mm-minimum-income-case-in-court-of-appeal/

'The coup de grâce comes at paragraph 150, where Aitkens LJ concludes that after all the work the Secretary of State and her dedicated officials put into setting the income threshold where they did, the judgment of the Secretary of State “cannot be impugned”.

'There will be those who disagree, I imagine rather vehemently. The conclusion that as long as one has done one’s homework it does not matter that it was unreadable nonsense is certainly quite a striking one.'

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Morton Fraser : Court of Appeal gives ruling in MM and Others

http://www.morton-fraser.com/knowledge-hub/court-appeal-gives-ruling-mm-and-others-1

'My initial reading of the decision is that, whilst it is a setback for those campaigning to lower the minimum income requirement, it is not all bad news. The Court of Appeal seems to confirm that it will still be necessary to examine human rights arguments in individual cases. My experience in the tribunal has been that, where the rules constitute a significant interference with family life and in particular where they impact on children, the tribunal is willing to grant appeals. This is likely to remain the case following this decision and, as cases will be dependent on individual circumstances, it is vital that individuals obtain experienced legal representation to assist with appeals.

'It is likely the MM case will move onwards to the Supreme Court and it is unlikely the issue of the financial requirement will be resolved until at least 2015. During that time we can expect the political debate regarding the financial requirements to continue, particularly in light of the recent findings of the Migrants Rights Network that 48% of workers in Scotland would not meet the financial requirement.

'Families affected by the decision in Scotland will also closely monitor the outcome of the independence referendum in September as the White Paper indicates that a lower threshold may apply in an independent Scotland.

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Love Letters to the Home Office : Heartbreaking news

http://lovelettershome.org/blog/ruling-heartbreaking-news/

'In short, it is very unexpected news: the Home Office appeal was upheld, meaning that people in the UK continue to have different human rights based on their income, and that families continue to be divided by this.  Thousands of people are going home to empty homes again tonight, knowing that their families are still forbidden from them, purely because of these rules.'

Invictus

Out of the night that covers me,
Black as the pit from pole to pole,
I thank whatever gods may be
For my unconquerable soul.

In the fell clutch of circumstance
I have not winced nor cried aloud.
Under the bludgeonings of chance
My head is bloody, but unbowed.

Beyond this place of wrath and tears
Looms but the horror of the shade,
And yet the menace of the years
Finds, and shall find, me unafraid.

It matters not how strait the gate,
How charged with punishments the scroll,
I am the master of my fate,
I am the captain of my soul.

Soldiers to be separated from spouses and children by new rules.

http://www.freemovement.org.uk/2013/11/20/soldiers-to-be-separated-from-spouses-and-children-by-new-rules/

'... Immigration Minister Mark Harper went on rather disingenuously to imply that the rules would be of benefit to soldiers and their families:

    "I am pleased to announce these changes to the Immigration Rules, which will remove unnecessary differences in the treatment of the dependants of British and Foreign and Commonwealth HM Forces personnel. The Armed Forces community makes a huge contribution to this country and they deserve our respect, support and fair treatment."

'In reality the end of the concession means that any ordinary soldier earning less than £18,600 (more if the soldier has any children) will have to leave family behind when stationed in the UK. This may include British children, as it will not in practice be possible for the children to live in the UK unless the foreign national spouse is also admitted.'

Previously :
http://britcits.blogspot.co.uk/2013/07/via-email-armed-forces.html

---

Spotted on Facebook :
'After months of getting documents, of planning and expense I still cannot meet all the visa requirements so have cancelled my wedding. Landlord refused to give permission for him to live with me partly because of worry about the implications of the new Immigration Bill - so it would be an automatic fail. SS is only way but is a long route necessitating a sabbatical from work. Taking time out from the relationship to lick wounds.'

Previously - 'No dogs, no cats, no Americans' :
http://britcits.blogspot.co.uk/2013/11/the-american-spouse-of-british-citizen.html
---

Congratulations to @MRCF_london for 20 years. Sorry I couldn't make it to the party.

The Forum | Welcoming migrants to London : http://migrantforum.org.uk/

Afghan veteran threatened with deportation allowed to stay.

http://www.telegraph.co.uk/news/uknews/defence/10453629/Afghan-veteran-threatened-with-deportation-allowed-to-stay.html

 'A Fijian soldier threatened with deportation after twice fighting for Britain in Afghanistan has been allowed to stay after the Home Secretary intervened personally on his behalf.

'Filimone Lacanivalu, who has served in the Armed Forces for nine years, was due to be flown back to Fiji on Sunday night but following a personal review of his case by Theresa May and Mark Harper, the immigration minister, he has been granted permission to remain.

'Mr Lacanivalu, 34, has been detained for the past month at an immigration centre near Heathrow Airport after he went to see officials at a Home Office centre in Croydon, south London, to clear up his residency status. '
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MP in last ditch bid to halt Vietnam veteran's deportation.

http://www.dailyrecord.co.uk/news/scottish-news/mp-last-ditch-bid-halt-2640872

'AN MP has demanded to see the Immigration Minister in a last-ditch attempt to stop a Vietnam veteran from being kicked out of Scotland.

'Jim Hood wants the decision to deport pensioner Marx Hirsch, who has lived here for 47 years, to be reversed.

'He hopes to plead the former navy petty officer’s case with minister Mark Harper on Monday – just
24 hours before Marx, 74, fears border agents will turn up at his door in Stonehouse, Lanarkshire, and march him off to the airport. '
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Home Office issues 'end of life plan' to hunger-striking asylum seeker.

http://www.theguardian.com/uk-news/2013/nov/16/end-of-life-plan-hunger-striker

Decision to keep mentally ill Nigerian man in immigration detention centre seen as part of hardline approach by ministers.

"I was afraid, but now I am a skeleton and almost dead.

"There is so little of me left and I am not afraid. But they – the authorities – have not treated me as a human being and that is wrong."

Follow up to the account of an interview in a British Embassy, by the spouse of a British citizen.

Previously : http://britcits.blogspot.co.uk/2013/10/account-of-interview-in-british-embassy.html

'We are refused. They said my intention for marrying David is not pure and our relationship is not genuine, because my work touched some sensitive issues in China. I don't know how I feel right now, I am not just sad. They asked me so many questions about my work, just very little and superficial questions about my current relationship with my husband, and now they used this against our relationship!!!

'If we are not in love, for what reasons we can bear this whole thing!!! How many sleepless days and nights on Skype phone calls emails, how many tears... his twin sister even flew all the way with him to China to marry me, I dont know what I am going to say to my mother in law and father in law and my own parents. This is not fair..............I am so sad I cannot even type here....Thanks for your good wishes.'

Via Facebook

'Well the strain of separation and the feeling that we will never be able to be together was finally too much for our relationship to hold. I just couldn't convince Ajay and his family that the end was in sight. If it wasn't for the £18600 requirement this government brought in, I am absolutely sure we would be together now. Theresa May is going to have a lot of karma to deal with - so much heart-break, and even blood on her hands. '

'Thank you all for your wonderful support and research. I wish you all the very best and eternal love and happiness.'

Via mail

Someone affected by the rules writes :

I broke up with my girlfriend last week. It was purely due to the distance and the uncertainty about her being able to come here. I wanted to fight for her, but the mental toll on me was just getting too much and I need a clear mind to be able to get through my studies.

The whole thing is very sad and I just feel a great sense of injustice but also powerlessness.

A young couple who met at university, broken up by the stress of the rules. Shameful, and wicked.

http://britcits.blogspot.co.uk/search/label/stories

This is not good news

From a friend on Facebook :

Well my son and daughter in law have called it a day, they are both not happy, and although they feel that they might be able to resolve their issues if they were allowed to be together, as they are not nothing can be done...
I wish everyone here the best possible outcome. I urge you all to find solutions to re-unite your families before it is too late, as long term separation isn't good for anyone.

I'm gutted, and I know others are too.

There is nothing clever about the way the government is breaking up good families and good relationships, and the human toll this is creating.

As Lord Avebury wrote to the government regarding another case of someone affected by the rules ( http://www.scribd.com/doc/132520722/Avebury-to-Harper ):

You may have succeeded in reducing the immigration numbers by a fewhundred by making it so difficult to get family reunification visas, but I hope you realise the enormous personal cost of this ‘achievement’.