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The Supreme Court ruling in the Quila case goes to the heart of the matter: the visa ban was a weak instrument for fighting forced marriage
There should be no doubt about it – forced marriage is itself an attack on the basic human rights of people coerced into an unwonted marital relationship. Strategies need to be devised which come to the aid of victims of this pernicious practice in ways which are genuinely supportive of their needs.
The question is, did the last Labour government provide us with the means to fight forced marriage when it visa bans on the non-EU partners of marriages when at least one was under the age of 21?
Some 5000 young families have had the early years of their married lives severely disrupted by the imposition of this measure, in circumstances when even visa officials concede that there are no grounds for believing that anyone has been forced into a marriage to which they do not want to be a part.
The lead case that was decided by the Supreme Court yesterday involved a British citizen and a Chilean national aged , respectively, 18 and 19 years at the time of their marriage. The immigration authorities refused a visa to Mr Quila on the grounds that the youthfulness of both parties to the marriage breached a rule forbidding the admission to the UK of a foreign spouse if either partners was under 21.
There a number of organisations committed to battling forced marriages in the UK, and many professionals whose work brings them into contact with people who are genuine victims of this horrendous practice. Very few seem to support the immigration ban as something which in itself is an effective instrument in opposing this breach of the fundamental right of the individual to enter a marriage freely and without external pressure.
The websites of the leading organisations concerned with this issue can be quickly checked by anyone interested in their views. They include Ashiana Network, Imkaan, the Race Equality Foundation, Solace Women’s Aid, and Southall Black Sisters. The thrust of the argument that comes from these quarters is that the public authorities, working in conjunction with local community groups, need to become much more sensitized to the factors that might indicate forced marriage in specific cases.
There is support for measures like the Forced Marriage (Civil Protection Act) 2007 and the work of the Forced Marriage Unit, which provides expert resources allowing evidence of concerns to be evaluated. But enthusiasm for the type of blanket bans directed against groups considered to be more susceptible to the practice, or for outright criminalization, is much more muted.
What is favoured is an approach which facilitates the rapid and easy flow of information between community actors and appropriate agencies which allows evidence of coercion in marriage to emerge and be assessed in an appropriate manner. Strategies which aid the empowerment of young women are particularly to supported, allowing networks of support and solidarity to emerge and counter patriarchal practices which deny girls and young women their rights.The flat prohibition on the sponsorship of young spouses flies in the face the need for sensitivity and a building of community capacity to identify who really are victims. It deflects attention from coercion when it involved people from older age groups, or indeed forced marriage which occurs exclusively with resident populations.
The suspicion when the proposal emerged from the then Labour government was that the ban was just another populist anti-immigration measure which could be presented to the tabloids as evidence that ministers were as ‘tough as old boots’ on this sort of stuff, whilst appeasing its liberal wing with the fop that it was all about the protection of a vulnerable group.
So let us welcome the very sensible decision by the Supreme Court. It finally squashes the attempt of government to violate the rights of young married people and clears the way to better, community-grounded, intelligence-led ways to fight against forced marriage.
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At last common sense has prevailed. Perhaps there is justice in this country at long last. It is a step in the right direction and blows a good hole in what has proven to be a badly thought out rules which was for the so called electorate of this country. The home office and government who were not elected have breached the Law and violated it's own peoples human rights which is enshrined into UK Law and the rights that protect us all and signed up to by 47 countries including the UK. My rights have been violated buy this government and I am 58 years old and a British Subject and an ex serviceman. My right to a family life is on hold so forgive me if I am over joyed that the goverments immigration plans have been holed yet again.
I second the comment of Chris I am in the same position and my wife who had been in the UK for 27 months living with me in our own home entirely supported by me was refused a visa at the beginning of January 2011 on the basis of the new English langauge tests introduced by the Home Secretary in December 2010. My wife had to return to her home country and my Right as a British national to a Familiy Life under ECHR Article 8 has been breached by the Coalition Govt Home Secretary's UNLAWFULL Immigration Policies.
These are policies that have now been judged in four Court cases, up to the Supreme Court, by no less than 8 Judges as UNLAWFULL under UK Law and the ECHR.
In spite of seeking assistance from my MP and an MEP I have been unable to get a visa for my wife. This is a breach of my Rights to a Family Life as a British national guarranteed under UK Law which the Coalition Govt PM Cameron Home Sec T May have been prepared to 'TRASH'!
Of course the purpose of the rule was the to reduce migration and not to protect victims. I don't know how many people were prevented from entering the UK as a result of it but I suspect now Cameron will have to look elsewhere to cut migration in order to meet his ridiculous targets. So, time for another vulnerable group to brace themselves...they way he thinks he can play with people's lives is simply disgusting.
European Citizen - in todays Daily Mail is an article about Camerons nanny he employs.
But at the end of that article is a comment the OXFORD UNIVERSITY STUDY GROUP have concluded that 'most or even all of the cuts required could be made from illegal immigrants'.
But for the Home Office / UKBA it is easier for them to reach those numbers targeting visa applicants just sitting at their desks. For which some Home Office/ UKBA staff have been paid £10K ANNUAL BOUNUSES! Sitting at a desk refusing visas is a lot easier than chasing illegals and if you are getting £10K BONUS each year for that it explains why 98,000 asylum seekers were 'lost' by bungling immigration workers - I quote all from the Daily Mail direct.
I admit I've not read the Oxford University study you refer to but I am always astonished at attempts to quantify "illegal immigrants", especially in a country that has no exit border controls. Maybe some of the "illegal" ones have been in the UK for years and would actually win the right to stay on human rights grounds. Some of the illegal ones undoubtedly also include those asylum seekers whose applications were lost or those part of the backlog (which has recently been cleared). In any case, the term 'illegal immigrant' is quite useless, especially in the context of UK law under which acts can be illegal but not the people committing them.
I agree with you that preventing migrants from entering the UK while sitting at your desk is much easier than actually looking for them in the UK. However, I'm not too worried about UKBA officers' bonuses since the PM himself urged people to report suspected illegal immigrants to UKBA...perhaps they could share the bonus???
Euro Citizen. Note I did say I was quoting from the Daily Mail - not my own comments.
I don't remember ever hearing about 'illegal emigrants' i.e people trying to escape from the UK illegally. Like you say there is no control leaving - or there wasn't last time I used LHR in March 2011.
I also quote the DM on the UKBA Chief Insp John Vine stating the UKBA was more interested in money than security.
Plus the article in which we learnt the UKBA hired a Head of Investigations who was later convicted and jailed as a Con man!
Plus the news article which stated the UKBA had employed BNP members.
Plus the UKBA whistle blower who said the UKBA offices were racist.
Plus the Parliamentary Home Affairs Select Committee Chaired by Keith Vaz MP who found the UKBA 'NOT FIT FOR PURPOSE' and recommended the £10K BE STOPPED.
Plus John Reid the Labour Home Sec who also stated in Parliament the UKBA 'was not fit for purpose'.
Plus the CPS office worker who worked with the UKBA TEAM THAT DEALS WITH DRUG SMUGGLING who was caught with canabis and admitted selling it to his fellow office workers.
When I find the good news I'll let you all know.
I agree with Alan and Chris.
Thank God the high court delivered the right verdict, and a blow to a coalition who have violated it's own peoples human rights.
I just hope that eventually this so called new English test will also be dealt with in the same manner, and bury it forever.
How on earth these people whom we put in power, can come up with such barbaric laws and expect to get away with it, amazes me.
Even the people here in China think it's stupid.
the so called capping of the student visa will also no doubt have an impact on many business's in the UK.
I have had to come to China to be with my wife, because she was refused even a visitor visa, for heavens sake.
this coalition should be tackling the real problems within the UK. the real culprits and not those of us who just simply want to live together in peace as a family unit.
it's so hypocritical and appalling the way this coalition has come up with illogical ways of targeting Immigration in what I can only call insane and cruel.
Cameron is acting more like another Hitler.
I am a British man,free to marry whom I like, regardless from whatever country my partner happens comes from.
Hitler persecuted the Jews, Cameron is persecuting those of us who happen to marry or wish to marry someone not of the EU.
My human rights have been breached, and also I feel the coalition has acted with discrimination against I and many others .
The easiest way for Cameron to win is if people simply comply to the demands set out with the new English test and discontinue to fight for our human rights to live as a family unit. the European member states can, so why can't none Europeans.
I know I'm repeating myself, but why should one half have to take an English test and the other not have to, even though many of them can speak little or no English. and they happen to be from European States. and if that's not a case of discrimination then I don't know what is.
What ludicrous ideas will these idiots come up with next.
one can only imagine what goes on in the minds of some people.
Damien Green spoke of his net Immigration plan with Jeremy Paxman. look how that has turned out so far. A load of rubbish.
Hi folks I think we can all agree with Anonymous in his story that he has been UNLAWFULLY forced to leave the UK because his wife has been denied a visa and he cannot have the Family Life he is legally entitled to in the UK as a British national under ECHR Article 8 and the discrimination under Article 14 plus the 11976 Race Relations Act and the 1971 Immigration Act. Four Court cases and EIGHT JUDGES HAVE RULED the UK HOME SECRTARY'S IMMIGRATION POLICY as UNLAWFULL!
This is BRITISH democracy today under the Conservative AND Liberal Democrat Coalition Govt which proves PM Cameron to be a complete hypocrit and that the Home Secretary T May and Immigration Minister D Green are operating an UNLAWFULL policy against British citizens but allow terrorist, criminals and toturers residence in the UK. Labour are impotent!
We need to give this injustice as wide a circulation as possible and speak out as British democrats how British Human Rights are being trampled on by this UK Coalition Govt policy against its people! We are all victims of a UK Coalition Govt that breaches UK LAW!
We have the word of Lord Derry Irvine who has stated in the House of Lords Human Rights in the UK are being trashed. Lord Irvine we know and we are proof what you said was correct
WE HAVE NOT HEARD FROM FAFAUK - ARE YOU OUT THERE FAFAUK contact please!
I agree with everything you have said anonymous and what Allan has said. It is a pity that you are forced to move to China and it may well be the case for myself in the future as I have a Chinese wife only time will tell as I am trying to fight these silly rules and hope the the UK Government are taken to task over their immigration policies and the breaching of uk peoples freedoms and rights. This could be a very impotant month if the conclusion of the judicial review is published as it could shatter the governments policies on immigration and human rights postering to the electorate. It could be a turning point or not as the case may be. Something is definatley going to happen we just do not know what.
Hi Allan, I missed your point. NO it is not a British democracy as we are NOT a democratic country and that is the point The PM is more like a dictator and our freedom and rights are being violated on a daily basis. This is not a democracy in any stretch of the immagination and the point made to the european human rights commisioner is that point we are not a democratic country where people have their rights. It is getting more and more like a police state and the way the Coalition is acting reminds me of the early days of the rise to power of Hitler. Now this is very dangerous and more than a little worrying.
Hi Chris and everyone yes democracy in the UK is being erroded for Btitish nationals by this UK Coalition Govt. BRITISH Human Rights, UK Law, ECHR Law is being TRASHED - if the Human Rights of just one British citizen is trashed then that is the thin end of the wedge for every British National.Just as Chris says Britain is becoming a DICTATORSHIP and the PM Cameron and Home Secretary T May are the DICTATORS with PARLIAMENT looking on!
DISCRIMINATION RACISM and DISREGARD FOR THE RULE OF UK LAW PREVAIL the INSTIGATORS ARE THE TORY PARTY and their so called LIB DEMOCRAT PARTNERS!
IMPOTENT LABOUR LOOK ON - THE HOME OFFICE / UKBA are THE GESTAPO / SS.
UK PM preaches DEMOCRACY to the world while he TRASHES it in his own country the UK!
Prepare your PETITIONS to the UNHCR in Geneva we have the proof the UK LAW is BROKEN!
Hi Chris and Alan
Thank you for your fine comments to my post.
Yes, most people I imagine are aware of the deceit, and dishonesty that this present UK coalition dictatorship has been master minding, and it is indeed very worrying when these people are being allowed to undermine the democracy and human rights of the British people.
you only have to look back on history to see how Hitler rose to power, he rebuilt Germany after the first world war, but then took the country to oblivion.
The way things are looking,we are seeing another Hitler in the making, but this time from within the UK.
without true justice, there is no law.
The recent ruling by the high court thankfully seems to show there are some judges who have the integrity and righteousness to deliver the correct verdict as in this recent barbaric case. lets hope other such rulings will follow, where I and others might be able to live like free men and women with our loved ones as a happy family unit, and not discriminated and penalised simply because we fell in love with someone from a none European country.
Those who are unlucky enough to come from any country that is not part of the European union are treated by the UK boarder agency like aliens.
UNDESIRABLES in the eyes of the present UK coalition, who sadly lack any real integrity and leadership, except where it suites them.
People are like water, they find their own level.
and history has an habit of repeating itself
All things do come to pass. even the dinosaurs did not live forever .
'Anony mous' welcome to the 'demo crats' in case you haven't picked up all our blogs ( but I.m sure you have & not to be clever) but just to keep repeating the message here there has in fact been -
FOUR COURT CASES in which EIGHT UK JUDGES - INCL 4 SUPREME COURT JUDGES - HAVE RULED THAT THE MEASURES TAKEN BY HOME SEC T MAY are UNLAWFULL!
T MAY HAS BEEN TOLD TO PUT HER CASE BEFORE THE UK PARLIAMENT BUT SHE DOES NOT.
Lord Derry Irvine stated in the House of Lords the UK HUMAN RIGHTS are being TRASHED!
T MAY has made outrageous untrue statements at the Tory Party conference that one person was allowed to stay in the UK because he had a cat!
T May was not the originator of her CATGATE she pinched it from Nigel Farage of UKIP.
Her Immigration Miniister D Green in opposition was arrested and had his office searched in the House of Commons as well as his home and constituency office for obtaining information from a public employee.
So we have a deaf dumb blind and impotent UK Parliament who sit & just take the TORY BULL!
The only UK establishment body defending Britains Democracy are the UK Judiciary!
Hi folks we have further evidence of the direction Human Rights in the UK is taking under the Coalition Govt.
Firstly there is a second report on the Courts using secret evidence following documents discovered in Tripoli - read the Guardian.
Then another report on the matter of undercover police and appearing in the criminal court under a false name in order to convince other protesters.
Then a report in the Dail Mail about a pensioner aged 88 yrs who is to be deported to Zimbadwe after living in the UK with her daughter and son in law, who recieves no public aid, and has been in the UK since 2003.
A Guardian report on the difficulty of challenging State decisions tells of the financial costs.
The Guardian also reports on the 'Cost of education visa change' on the UKs economy of £14Bn a year rising to £26Bn by 2015. Both state and private sector Colleges fear large scale closures.
This is the Coalition Govt policy eroding Britains Human Rights that is pointless inhumane leading to massive loss and costing £Billions!
Hi everyone, we must be able to do something about to protect our rights as a British, there are more and more people suffering because of the new Englist test requirement and as a result leaving apart from their partners. How can we convince this gouvernmnet to withdrwa it.
Anonymous look for another MRN website where you will find a group of us who have been posting / discussing this visa situation for some time. It may answer your question. Give yourself a name - instead of anonymous any name you fancy because we have had a few anonymous 's. You will find you are amongst sympathisers and fellow victims so join us OK.
Go to - MRN - should english be the language of love - join us please.
Hi Geronimo, could you please post the link to where we could join -should english be the language of love.
Thanks
Nanou its an MRN website by Ruth Grove-White who is Policy Officer for MRN.
Its just titled 'Should English be the language of love?' I have it now on my 'favourites'.
I suggest you go to MRN website top right there is a 'search box'- key in the title or
Ruth Grove-White.
A group of us have taken it over a bit and we have been posting for some time but its worth a look I suggest.Please join in because we want to hear from more 'victims' of the UK Coalition Govts illegal policy refusing visas to UK Nationals sposes.
We are considering a petition to the UN Commissioner for Human Rights in Geneva. See the UNCHR website - Google it.
Also recommend you go on the Liberty UK website. Do a search there for the Matrix advise to Liberty UK by Rabhinder Singh QC and Aileen McColgan of Matrix dated 21 Sept 2010.
It spells out the legal situation of the new English tests introduced by UKBA / HOME OFFICE on 29 Nov 2010. Its a 12 page document well worth printing out and reading. goodluck.
Thank you Geronimo, good luck to all of us
The best way to fight this barbaric and stupid new English test law is not to pay. those who take the English test are allowing the British Coalition government to get away with violating our human rights, and discriminating against those who come from outside of the European union.
they are happy to take your money.
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