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“Sham marriage” law ruled disciminatory
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“Sham marriage” law ruled disciminatory
A law designed to combat “sham marriages” by forcing immigrants to seek government permission if they want to marry is discriminatory and breaches their human rights, the Appeal Court ruled recently.
Three top judges backed a High Court ruling that the powers, introduced by former Home Secretary David Blunkett in the Asylum and Immigration Act 2004, went beyond their intended aim and were unlawful.
The scheme – believed to be the first time any British government has restricted the right of a consenting adult to marry – meant a person subject to immigration control had to apply to the Home Secretary for approval to marry. However the law, designed to stop bogus marriages being used to get round immigration restrictions, did not apply to those who married according to the rites of the Church of England.
In the High Court ruling, Justice Silber declared that the legislation was incompatible with the European Convention on Human Rights.
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