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Certificates of Approval to be scrapped

Certificates of Approval to be scrapped

The Home Office has announced that Certificates of Approval will be scrapped in late 2010 or early 2011. This is a belated implementation of the House of Lords judgment in Baiai, handed down exactly two years ago tomorrow, in which their Lordships held that the scheme requiring foreign nationals to get approval before marrying was an unlawful interference with the fundamental right to marry. The change will be brought about by a Remedial Order under section 10 and Schedule 2 of the Human Rights Act, interestingly.

The Coalition Government’s record on civil liberties and, dare I say it, human rights, so far seems to be a considerable improvement on the last, generally unlamented Government.

Free Movement
The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.

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