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War on bogus immigrants' sham marriages 'is a breach of human rights'
Last updated at 22:01pm on 30.07.08
Jacqui Smith's bid to ban bogus marriages between immigrants have fallen foul of the Law Lords
A crackdown on sham marriages is 'in tatters' after the House of Lords ruled that it breaches the human rights of immigrants.
Law Lords said forcing a migrant to prove a relationship is genuine is 'arbitrary and unjust', even if they were getting married only weeks before their permission to stay in Britain ran out.
Foreigners will now once again be free to prolong their stay in the UK by getting married at the last minute to a person who already has permission to live here.
The crackdown was introduced by Labour in February 2005 after the number of suspected sham ceremonies - often arranged by criminal gangs who could earn £10,000 a time - reached 3,700. It cut this to around 300 a year.
It was targeted at those who marry Britons, or EU citizens with full residency rights, in order to gain permission to live here indefinitely.
Migrants were forced to seek a special certificate to marry if they lived outside the EU, or had only limited rights to live in the UK.
Those with only three months leave to stay remaining were routinely refused on the grounds that the ceremony was intended only to avoid removal from the country.
Today's ruling demolished this law, on the grounds that it is a breach of Section 12 of the European Convention on Human Rights, the right to marry.
The Home Office will now be forced to consider the merits of a union being made even at the very last moment before a migrant is due to leave the UK.
Three couples who had initially been refused the right to marry by the Home Office brought the cases to the courts.
Habib Rahman, of the Joint Council for the Welfare of Immigrants, declared: 'The Government's policy is now in tatters. It will have to go back to the drawing board.'
The Lords were upholding a judgment by the Appeal Court.
Reader views (17)
Here's a sample of the latest views published.
It is scary to read all this comments. Narrow minded people who think that all illegal immigrants are criminals, huh!
Maybe they should be an international law forbidding English people to travel aboard. Surely, you must have all read the news recently?
That will indeed sort out the problem of unsocial behaviours coming from British tourists! Vive Human Rights!
- Cinthya,, London
The European Convention on Human Rights violates the rights of the British public by not allowing their government to protect their borders and restrict immigration. These laws increase crime and the risk to the general public and should be scrapped as they only favour criminals and illegal immigrants. They have no place in British society or any western nation for that matter.
- Brnadon Thomas, London SW7
awaiting deportation after many failed asylum attempts? No problem - Brides R Us can help - for a small fee, a likely lady can turn up at claim she wants to marry you! No paperwork required - just turn up and go! Then a welter of benefits can be yours without question! And if anyone dares complain - just sue them for £thousands - all at the UK taxpayer expense. After all, it's your 'yuman rites'! L
- Gary, wycombe
It's funny how the Right keep screeching for the repeal of the Human Rights Act, isn't it? They seem to believe that only some Humans deserve any Rights - themselves...
- Charlie, Soho
Well, I am now gutted at not accepting that £5k bribe from the eastern European mafia to marry a "lady" and the £10k for marrying the suicide bomber from Yemen. I thought it was illegal (and morally wrong) to do such a thing.
Now that the law lords say its Ok I'll just go right ahead.
- Jimbob, Kensington
For goodness sake, the Home Office should now repeal the Human Rights Act. It is only used by illegal immigrants and prisoners in any event. If Labour really want to deal with illegal immigration, the must abolish this Act. Our judges have shown time and again that they must not be trusted to make decisions on immigration. Repealing the Human Rights Act will remove them from any decision making.
- Anthhny, London
This is great news, I am married to 3 different husbands and am claiming benefits under 3 different names, I was being investigated but now I know my human rights are being violated I think I shall marry twice again to claim more benefits. This truly is wonderful country.
- Nomalizo Shenxane, London
Thank heavens that common sense prevailed here. As long as it is legal for a couple to marry, it is nobody else's business as to why they are marrying. I repeat nobody else's business.
- Sam, london
Renamed: Labour's convention on Destroying Britain.
- Brnadon Thomas, London SW7
Other than Zimbabwe, is there another country in the world whose powers-that-be seem hell-bent on destroying its own?
- Scott, London
The European Convention on Human Rights.
Tony introduced it, Cherie made money out of it. Convicts benefit from it. Britain gets stuffed by it. Yet another New Labour 'success'.
- Doug Watt, london e14
Time for a government crackdown on idiotic law lords I think.
- Naomi Sajeri, Manchester
Human rights only favour immigrants. They need to be scrapped along with the over one thousand laws implemented by Nu Labour.
- Brnadon Thomas, London SW7
Doesn't this ruling mean that the Home Office will have to refund all those monies it had solicited from prospective couples before this ruling?
I think this ruling will as well render all previous transactions done under this shum rule illegal, and that all affected persons should ask for a refund of their money.
Thank you very much.
- Frank Kihere Zimula, London, UK
It's a clear manifestation that there is no more room for draconian laws here in Britain. The Home Office can now go back to it's drawing board and think afresh. This is as well proof that they lack competence and ideas to tackle the growing global problems involving immigration which has in so many times resulted in continuous defeats at the courts.
Isn't this proof that they are still unfit for purpose??
- Frank Kihere Zimula, London, UK
Why is that crazy woman in her position as "HOME" Office boss?!
- Jacqueline, Hampstead, London
Surely it is time to scrap this stupid law. Italy has got the guts to say enough is enough so why hasn't Britain?
- Louie, South East
