The Weekly Law Reports
[2008] 3 WLR 549
House of Lords
Regina (Baiai and another) v Secretary of State for the Home Department (Nos 1 and 2) (Joint Council for the Welfare of Immigrants and another intervening)
Regina (Bigoku and another) v Same (Same intervening)
Regina (Tilki) v Same (Same intervening)
[2008] UKHL 53
2008 May 23,
24,
25;
July 30
July 30
Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Brown of Eaton-under- Heywood and Lord Neuberger of Abbotsbury
Human rights— Right to marry— Interference with— Persons subject to immigration control— Requirement of written permission from Secretary of State to marry— Permission refused to illegal immigrant— Whether statutory provisions or Secretary of State’s policy breaching Convention right to marry—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 12
—
Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c 19), s 19
—
Immigration (Procedure for Marriage) Regulations 2005
(SI 2005/15), regs 7, 8