Secretary of State for the Home Department v Baiai & Ors

Secretary of State for the Home Department v Baiai & Ors

The scheme requiring persons subject to immigration control to obtain a Certificate of Approval before marrying is unlawful as it constitutes a disproportionate interference with the right to marry under Article 12 ECHR. The scheme fails to properly investigate individual cases, applies a blanket restriction not rationally connected to the legislative aim, and unlawfully discriminates against those unable to marry under Anglican rites. The Secretary of State's appeal is dismissed, and the respondents' appeal is allowed.

Parties
Appellant/respondent: The Secretary of State for the Home Department; Respondent/appellant: Mahmoud Baiai; Respondent/appellant: Izabela Trzcinska; Respondent: Leonard Bigoku; Respondent: Luljeta Agolli; Respondent: Melek Tilki; Intervener: The Joint Council for the Welfare of Immigrants
Jurisdiction
England and Wales
Judgment Date
23 May 2007
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Secretary of State's appeal dismissed; Respondents' appeal allowed.
Legal Topics
Right to Marry, Discrimination, Proportionality, Immigration Control, European Convention on Human Rights (echr)
Constitutional Law Human Rights Law Immigration Law Right to Marry Discrimination Proportionality Immigration Control European Convention on Human Rights (echr)

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Parties

The Secretary of State for the Home Department

Appellant/respondent

Mahmoud Baiai

Respondent/appellant

Izabela Trzcinska

Respondent/appellant

Leonard Bigoku

Respondent

Luljeta Agolli

Respondent

Melek Tilki

Respondent

The Joint Council for the Welfare of Immigrants

Intervener

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the scheme requiring persons subject to immigration control to obtain a Certificate of Approval (COA) before marrying is compatible with Article 12 (right to marry) and Article 14 (prohibition of discrimination) of the ECHR.
  2. 2 Whether the scheme is a proportionate interference with the right to marry in pursuit of immigration control.
  3. 3 Whether the exemption for Anglican marriages constitutes unlawful discrimination.

Ratio Decidendi

The scheme requiring persons subject to immigration control to obtain a Certificate of Approval before marrying is unlawful as it constitutes a disproportionate interference with the right to marry under Article 12 ECHR. The scheme fails to properly investigate individual cases, applies a blanket restriction not rationally connected to the legislative aim, and unlawfully discriminates against those unable to marry under Anglican rites. The Secretary of State's appeal is dismissed, and the respondents' appeal is allowed.

Court Disposition

Secretary of State's appeal dismissed; Respondents' appeal allowed.

Orders

  • Declaration that the scheme is unlawful as being inconsistent with Article 12 ECHR.
  • Parties to agree on the exact terms of relief.