20 October 2011
R (on the application of Aguilar Quila) v Secretary of State for the Home Department; R (on the application of Bibi) v Secretary of State of the Home Department [2011] UKSC 45, [2011] All ER (D) 98 (Oct)
The right to marriage was a fundamental right. It did not include the right to marry in any particular place, at least if it was possible to marry elsewhere. It was not a qualified right, and the state could only restrict it to a limited extent, and not in such a way as to impair its essence. Accordingly, the amendment to para 277 of the Immigration Rules (HC 395), changing the age requirement of the sponsor party from 18 to 21, was unlawful as a breach of Art 8 of the European Convention on Human Rights.
