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More on pre-entry English language challenge

In his judgment in the case of R (On the Application Of Bhavyesh & Ors) v Secretary of State for the Home Department [2012] EWHC 2789 (Admin) Blake J has dismissed the latest attempt to challenge the requirement that foreign spouses learn English before entering the UK. This challenge is described by the judge as a footnote to the original Chapti judgment by Beatson J and concerns a slightly late attempt to add EU law and gender discrimination challenges to the original case. The new judgment was given on 26 July 2012 but has only just made its way on to BAILII. Many thanks to the eagle-eyed and ever-watchful Adam Wagner of the UK Human Rights Blog for flagging it up.

The shortish judgment makes painful reading, particularly paragraph 50.

Suffice it to say that the EU law argument was comprehensively dismissed in a substantive way. The more interesting gender discrimination argument remains unheard for various reasons, so may live to fight another day. It seems likely that Chapti is making its way to the Court of Appeal so it remains possible that the gender discrimination point might somehow be admitted at that stage.

The same solicitors as acted in this case are understood to be behind a test case challenge to the new Article 8 immigration rules.

Free Movement
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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