JCWI wins High Court Ruling regarding the Certificate of Approval fees

JCWI wins High Court Ruling regarding the Certificate of Approval fees!

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JCWI jointly with the AIRE Centre challenged UKBA who continued to apply a non means tested fixed fee for applications for permission to marry ('Certificates of Approval') by migrants despite the recent judgement by the House of Lords which held that requiring a fixed fee of £295.00 from needy applicants breached the right to marry enshrined in the European Convention on Human Rights.

Following an out of court settlement, the UK Borders Agency has temporarily suspended charging any fees for Certificate of Approval applications pending the introduction of new laws that finally respect the judgement in the House of Lords. They are also considering the implications for those who have already paid.

JCWI was assisted in this case by Shahram Taghavi of Simons Muirhead & Barton solicitors, Charlie Banner and Richard Drabble QC, all on a pro-bono basis.

Habib Rahman, the Chief Executive of JCWI, commented that:

“This case offers yet another burning example of the Government’s blatant disregard for both the rule of law, and for the human rights of migrants. It’s a real shame that JCWI had to issue proceedings to compel compliance with the judgment of the House of Lords. JCWI intends to continue to press the Government to respect the full judgment by addressing without further delay the remaining issue of discrimination arising from the exemption for Church of England marriages from the scheme.”

Read the Case Note issued by Simons Muirhead & Burton (PDF) - 15th April 2009

See JCWI's previous Press Release regarding this case (PDF) - 30th July 2008

Click here for UKBA's response