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English test requirement doesn’t breach art 8

R (Ali) v Secretary of State for the Home Department; R (Bibi) v same [2015] UKSC 68

Related Member(s):
Karon Monaghan QC
Related Practice Area(s):
Immigration, Asylum and Free Movement, Human Rights

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.