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Quila heads for Supreme Court

Permission has been granted to the Secretary of State to appeal to the Supreme Court against the judgment of the Court of Appeal in the case of Quila & Anor v Secretary of State for the Home Department [2010] EWCA Civ 1482, concerning the increase in the spouse visa age from 18 to 21. The appeal has been expedited and is listed for 8 and 9 June 2011.

See previous coverage of the case and topic on the blog here.

In addition, I was almost shocked to see that the Home Office have remembered to ask that the effect of Quila be stayed pending the outcome of the Supreme Court appeal. That request was granted by the Supreme Court. I take back what I said earlier about living in an illiberal democracy.

The Court of Appeal judgment was a bit of a Curate’s Egg. The Court somehow managed to find that the increase in visa age was unlawful in the particular case because it was of a blanket nature but also refused to declare that the rule in question was unlawful. Neither ‘side’ was terribly satisfied by the outcome, although the Quilas were no doubt delighted and relieved.

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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