English test requirement doesn’t breach art 8
R (Ali) v Secretary of State for the Home Department; R (Bibi) v same  UKSC 68
- Related Member(s):
- Karon Monaghan QC
- Related Practice Area(s):
- Immigration, Asylum and Free Movement, Human Rights
- Supreme Court
Supreme Court unanimously dismissed the appeal regarding whether the requirement of an English test for those spouses or civil partners of a British citizen breached their partner’s rights under the ECHR, art 8. It found that the Rule did not infringe art 8 but it invites further submissions on whether a declaration should be made that the operation of the guidance accompanying the rule in its present form is incompatible with art 8 rights.
Karon Monaghan QC and Aileen McColgan were involved in this case.