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Quila appeal succeeds!

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The Court of Appeal has declared unlawful the application of the increased spouse visa age to the appellants in the Quila appeal. The judgment is available now: Quila & Anor v Secretary of State for the Home Department [2010] EWCA Civ 1482 (21 December 2010)

This blog (and the editor) have campaigned for this rule to be scrapped and can unreservedly welcome the judgment. The dishonesty involved in claiming that this measure was linked to preventing forced marriages was a disgrace, although it should be noted that the Court of Appeal does not agree that there was no rational link between the measure and the end it purported to achieve.

Some choice quotes, the first from Lord Justice Sedley:

57. The Home Secretary’s stance that only a rigid rule will serve the necessary purpose is lastly, in my judgment, undermined by the exception made by amendment in favour of members of the armed services. It is impossible to see, and no reason has been suggested, why the possibility of a forced marriage on which the rule is predicated is any less present among members of the armed services than among the population generally. The introduction of the exception, in our view, makes all but untenable the Home Secretary’s contention that an all-embracing rule, making no distinction of persons, is necessary if the objective is to be met.

Lord Justice Gross agreed:

79. The Respondent’s argument that only a blanket policy is workable, without any exception for a couple such as Mr and Mrs Aguilar, strikes me, with great respect and however sympathetically considered, as an unpersuasive counsel of despair.

The armed forced exception does indeed seem to have undermined the UKBA argument that the blanket increase was necessary.

We can only hope that the current Government will see sense and end this disgraceful episode.

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The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.
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Comments

25 Responses

    1. I love you JCWI. You are the best. You have provided the chance to 100/1000s of people to live with their families and thats great job. Thanks for all that hardwork.

  2. Well done JCWI.

    Another predictable result; adds to HO waste.

    Another piece of Woolas’ immigration law gets flushed out by the courts.

  3. All i can say is thank god!!!! Hopefully now my daughter can be reunited with my wonderful son in law!!!!!!!!

    1. It only came out yesterday, it hasn’t really had much of a chance to make it’s way into one of the official law report series. Take my word for it, though, it is an important case. Even if the Home Office have decided to appeal.

  5. So the system works after all. Am happy someone stood up
    and faced the Home Office. Lesson to all minorities: we need to
    ALWAYS fight for equal rights and justice. Someone has to stand up
    for what’s right. Congrats to Quila & Anor!!!!!!

  6. i am so glad nw i can reunite with my husband and he will not miss our first baby which is due on the 18th feb

  8. It’s really good news for every one ande as well, it’s true
    if people can get married than how come they are not entitle to get
    spouse visa. The law is for to stop force marriage but people are
    getting married when even they are 16yrs. But they are not getting
    the visa, it’s really joyful for every one.

    1. Now I have no warry and can stay with my lovely wife and
      with my very very cute son. God is all mighty he can do anything he
      wants, Tc every body and wish for us….

  9. im sooooooo glad this is happening my husbnad will finally
    be able to see our son thats 2 n half months, its really hard
    staying apart atleast now we will be together finally, cant
    wait!

  10. I am 19 yrs old so Does this mean I can apply for my
    husband to come to the UK and join me and my daughter ?

  11. It’s really good news for every one ande as well, it’s true
    if people can get married than how come they are not entitle to get
    spouse visa. The law is for to stop force marriage but people are
    getting married when even they are 16yrs. But they are not getting
    the visa, now it’s really joyful for every one. Thanks
    quila

    1. The courts have more or less declared the law illegal, as it currently stands. The Government now has to decide whether to appeal, whether to change the law or otherwise how to respond to the court judgment. If you want specific advice, you’ll need to see a lawyer.

  13. So what does this mean exactly, should others like myself
    also apply for my fiancee to come to live with me in the UK? my
    fiancee is still not 21 should i wait for her to turn 21 or apply
    now? We have got another 7 months of waiting!

  14. Does that mean i can ask my wife to apply for her visa as
    she is only 2 months away from 21? please tell
    me…………

  15. Does any one know whether Home office actually appealed
    against the judgement? i was just wondering if some one has made an
    application already before they are 21 then is this new judgment
    will apply to their cases or it would still be the old home office
    law will apply?

  16. This has given me soo much hope.. i have been married for 3 years.. I hope the law does change…so i cn finally b wid my hubby.. Does anyone know whether the home office has appealed or how long they have to appeal!!!???

  17. I read another article on this case and there was a part where someone from the home office had said they would appeal against this decision in the supreme court. So I don’t think it will change so soon.

    1. they have appealed so i guess we all need to watch this space and see how it goes. Im tired of the government fighting this. It is obviously a breech of human rights and racist! They have no problems if a british citizen wants to marry a british citzen or EU citizen but to marry anyone else its not allowed!

  18. with 2 kids growing them on my own is tough , my case was refused in 2008 when I just turned 18 on 17 nov and the law changed on the 24 .

  19. well I am in a really really bad situation so if anyone has any info please tell me and also I know someone who got there case refused (same as mine ) and apealed aganst it and she got her visa where as my apeall was also refused !