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10/04/2006
Marriage laws 'breach human rights'
Legislation aimed at prevented 'sham marriages' discriminates against immigrants, the High Court has ruled.
Mr Justice Silber said that the rules - which require immigrants from outside the EU to have permission from the Home Office to marry in the UK - were incompatible with the European convention on human rights.
A number of couples had challenged the ruling, including Mahmoud Baiai, an Algerian Muslim and Izabela Trzcinska, a Polish Roman Catholic.
However, if the couples had belonged to the Church of England, they would have been able to marry without Home Office intervention because the rules do not apply to members of the Anglican Church.
Mr Justice Silber said that the rules discriminated against people on grounds of nationality and religion and said that there was "no adequate justification" for the marriage regulations to be used to control immigration.
A Home Office spokesperson said that the government was "disappointed" by the decision and was considering the implications and whether or not to appeal the decision.
The Home Office also said that the number of suspicious marriages had dropped from over 3,500 in 2004 to less than 300 in 2005, since the legislation was introduced last year.
(KMcA)
Mr Justice Silber said that the rules - which require immigrants from outside the EU to have permission from the Home Office to marry in the UK - were incompatible with the European convention on human rights.
A number of couples had challenged the ruling, including Mahmoud Baiai, an Algerian Muslim and Izabela Trzcinska, a Polish Roman Catholic.
However, if the couples had belonged to the Church of England, they would have been able to marry without Home Office intervention because the rules do not apply to members of the Anglican Church.
Mr Justice Silber said that the rules discriminated against people on grounds of nationality and religion and said that there was "no adequate justification" for the marriage regulations to be used to control immigration.
A Home Office spokesperson said that the government was "disappointed" by the decision and was considering the implications and whether or not to appeal the decision.
The Home Office also said that the number of suspicious marriages had dropped from over 3,500 in 2004 to less than 300 in 2005, since the legislation was introduced last year.
(KMcA)
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