R (MM (Lebanon)) v Secretary of State for the Home Department

Subject Matter

IMMIGRATION — Leave to enter — Foreign spouse or civil partner — Immigration rule setting minimum income requirement for persons lawfully settled in United Kingdom wishing to sponsor spouse’s entrance into United Kingdom — Whether disproportionate interference with Convention right to respect for family life — Whether requirements to be quashed — Human Rights Act 1998, Sch 1, Pt I, art 8 — Statement of Changes in Immigration Rules (1994) (HC 395), Appendix FM, para E-ECP.3.1 (as inserted by Statement of Changes in Immigration Rules (2012) and amended by Statement of Changes in Immigration Rules (2012) and Statement of Changes in Immigration Rules (2013))

[2013] EWHC 1900 (Admin); [2014] 1 WLR 2306; [2013] WLR (D) 280, QBD

IMMIGRATION — Leave to enter — Foreign spouse or civil partner — Immigration rule setting minimum income requirement for persons lawfully settled in United Kingdom wishing to sponsor spouse’s entrance into United Kingdom — Whether disproportionate interference with Convention right to respect for family life — Whether requirement to be quashed — Human Rights Act 1998, Sch 1, Pt I, art 8 — Borders, Citizenship and Immigration Act 2009, s 55 — Statement of Changes in Immigration Rules (1994) (HC 395), Appendix FM, para E-ECP.3.1 (as inserted by Statement of Changes in Immigration Rules (2012) (HC 194), para 115)

[2014] EWCA Civ 985; [2015] 1 WLR 1073; [2014] WLR (D) 308, CA

IMMIGRATION — Leave to enter — Foreign spouse or civil partner — Immigration Rules setting minimum income requirement for persons lawfully settled in United Kingdom wishing to sponsor spouse’s entry into United Kingdom — Whether disproportionate interference with Convention right to respect for family life — Whether requirement fulfilling Home Secretary’s statutory duty to have regard to best interests of children — Whether taking into consideration best interests of children — Whether to be quashed — Whether Rules providing complete code — Whether leave to be given outside Rules even though minimum income requirement not satisfied — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8 — Borders, Citizenship and Immigration Act 2009 (c 11), s 55 — Statement of Changes in Immigration Rules (1994) (HC 395), Appendix FM, para E-ECP.3.1 (as inserted by Statement of Changes in Immigration Rules (2012) (HC 194), para 115)

[2017] UKSC 10; [2017] 1 WLR 771; [2017] WLR (D) 124; Case details, SC(E)

Appellate History

Commentary

Human Rights Updater
Immigration - leave to enter HRU 2013, 129(Jul), 9-12

Law Society Gazette
Minimum salary requirement challenged LSG 2013, 110(29), 25