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Quila heads for Supreme Court


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Permission has been granted to the Secretary of State to appeal to the Supreme Court against the judgment of the Court of Appeal in the case of Quila & Anor v Secretary of State for the Home Department [2010] EWCA Civ 1482, concerning the increase in the spouse visa age from 18 to 21. The appeal has been expedited and is listed for 8 and 9 June 2011.

See previous coverage of the case and topic on the blog here.

In addition, I was almost shocked to see that the Home Office have remembered to ask that the effect of Quila be stayed pending the outcome of the Supreme Court appeal. That request was granted by the Supreme Court. I take back what I said earlier about living in an illiberal democracy.

The Court of Appeal judgment was a bit of a Curate’s Egg. The Court somehow managed to find that the increase in visa age was unlawful in the particular case because it was of a blanket nature but also refused to declare that the rule in question was unlawful. Neither ‘side’ was terribly satisfied by the outcome, although the Quilas were no doubt delighted and relieved.

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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.


8 Responses

  1. Given the recent discussions on ECJ Zambrano, are you FM or any other experts aware of whether this case might be argued before the Supreme Court (ie. any rights deriving from §20 TFEU where the British spouse may otherwise effectively need to choose between the UK and their spouse).

    1. It is bound to be argued, that’s all I can say – I don’t know when. It is unlikely to end up being decided by the Supreme Court, though, as a domestic court would make a reference to the CJEU before it reached that stage.

  2. i am praying that they please put it back to 18!!! with all my heart i pray day in day out!!!!!!! i just hope god accepts my prayers!!!!

  3. FM or anyone else: Do you have a reference where we can see the exact terms of the Supreme Court decision staying the effect of Quila?

  4. What is meant by ‘the effect of Quila be stayed’ ?

    I am planning to get married next month in Pakistan, and will be in a position to help my spouse apply for her visa towards the begining of May. She will just turn 20 by then.

    I have a 4 year old girl who’s mother has passed away.

    Is ther any point in applying or should I wait ?

  5. I guess we will just have to wait and see. I think the decision will take some time anyway. My wife has about a year to go before i could submit our case.

  6. I too hope the age is changed back to 18 years!!! IT WOULD MAKE SUCH A DIFFERENCE!! :(

  7. I heard from a few solicitors that you could apply for a case via attaching the court order. Its a 50/50 situation though.