Court of Appeal rejects challenge to English language requirement for spouses in Immigration Rules

Court of Appeal rejects challenge to English language requirement for spouses in Immigration Rules


CategoryNews Author Christopher Staker Date

R (on the application of Bibi & Anor) v Secretary of State for the Home Department [2013] EWCA Civ 322 (12 April 2013)

The Court of Appeal today dismissed an appeal against the judgment of Beatson J in R (on the application of Chapti & Ors) v Secretary of State for the Home Department [2011] EWHC 3370 (Admin). In Chapti, the Administrative Court rejected a challenge to a November 2010 amendment to the Immigration Rules, to require applicants for spouse visas to produce an English language test certificate prior to entering the United Kingdom.

The challenge was based primarily on the European Convention on Human Rights, Articles 8 (right to respect for private and family life), 12 (right to marry) and 14 (prohibition of discrimination).

Christopher Staker was counsel for the Secretary of State for the Home Department (led by James Eadie QC) in the proceedings both before the Administrative Court and the Court of Appeal.

Please see below a link to the full judgment: http://www.bailii.org/ew/cases/EWCA/Civ/2013/322.html


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