Ban on Family reunification for under 21 ruled unlawful

[Obie]

The court of appeal has ruled that the open ban on family formation in the UK for couples under 21 is unlawful, as its effect is disproportionate to the aims pursued.

[batleykhan]

Very interesting case. I knew the rule would be challeneged sooner or later as it seems so unfair at the time.

The next rule to be challaenged is the new English test which has come into force recently.

Unfortunately the actions of few always hits the genuine applicants more.

Thanks for that Obie. Also long time no hear

[MPH80]

BBC report indicates there'll be an appeal to the supreme court ... it ain't over yet.

http://www.bbc.co.uk/news/uk-12054705

[batleykhan]

It seems that the British government doesnt seem to do much when a forced marriage takes place in the Uk between two UK nationals both under 21, but is hell bent on demanding it on foreigners entering the country.

I accept that they are forced marriages taking place but they are minute compared to genuine marriages that take place but this government wishes to treat every marriage that takes place abroad as being "forced".

Personally I think this rule will be abolished like so may others thegovernment has lost before.The government always bring knee jerk reactions to a problem instead of thinking long and hard of the implication and consequences of their actions.

In order to stop forced marriages one need to educate the people responsible for it in the first place ( parents). They need lecturing to by responsible and educated people from within the community itself.

[Obie]

Hello Batleykhan,

It is good to be back. I have been around now and again, but mostly on the European section.

The day to day demands is impacting a lot on my absence.

It is a positive development for sure , but there seem to be some obscurity as to the scope of the application of this judgment. It appear on first reading that it will apply only to British Citizen wishing to establish their family unit in the UK, but it will not affect people with settled status. If my understanding is correct, it might lead to some confusion.

I believe it is unlikely the government will win the right to appeal it at the Lords, but we shall see.

In regards to the test you mentioned, i think it is plainly discriminatory, and it will not last for sure. The distinction that is drawn between English majority and minority country, does not sound too legal to me. Then again we shall see.

Not a very good year for the government, COA ruled unlawful or about to be scrapped, Cap ruled unlawful because proper procedures were not followed, now the 21 age limit. I also believe there is another one on how they should apply the best interest of children in their decision. The fact it should form a large part.

We shall wait and see how things go in the new year.

[safia]

ii also aplied for a settlement visa for my husband on the 27th of november 2008, hovever on the 16th of january 2009 it was refused as i was under the age iof 21..... i think they should not have sublitted our case if they knew the new law had come in to affect, at the time me and my husband were unaware of the new 21 age law.... their moner dyers...