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Thursday 15 July 2004
Campaigners warned today that the marriage
measures contained in the latest asylum and immigration bill, passed
in the Commons this week, not only risk discrimination, but will
be inconsistently applied across the UK
The Home Secretary pressed ahead with proposals
to combat so-called sham marriages to non-EEA nationals on Monday
despite Joint Human Rights Committee advice which warned that they
could breach international human rights law.
Under the proposals anyone seeking to marry a non-EEA national will
have to obtain a licence from one of 70 new special marriage registrars,
who may direct applicants to
obtain permission from the Home Secretary - at a cost of up to £200.
However, the measure requiring the couple's
attendance at a special marriage registrar will not apply in Northern
Ireland or Scotland. The immigration minister Des Browne said he
did not want to jeopardise the marriage tourism industry in Scotland.
The JCHR has warned that the new measures are out of all proportion
to the proven scale of sham marriages and risk discriminating on
grounds of religious faith because they will not apply to Church
of England marriages. Other experts have pointed out that they could
breach the European Convention right to marry and found a family.
Additionally the Joint Council for the Welfare
of Immigrants believes they could disproportionately affect people
from black and ethnic minorities who are more likely to wish to
marry non-EEA nationals for religious and cultural reasons.
Habib Rahman, Chief Executive of JCWI, said:
"These measures are highly discriminatory.
They will not apply to Church of England marriages - or to marriages
in Scotland because the Minister has said he does not want to jeopardise
the marriage tourism business there.
"However while Mr Browne is not ready
to jeopardise Scottish tourism, he is ready to jeopardise people's
human rights - even though he has admitted to MPs it is impossible
to obtain accurate information about the scale of the sham marriages
problem."
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