Victory for common sense as judge rules new ban on immigrants who can’t speak English is legal

The Daily Mail:

  • Three couples challenged law requiring people to speak English before coming to Britain to live with spouse

By Graham Smith

Last updated at 2:41 PM on 16th December 2011

A legal challenge to a new immigration rule requiring people to be able to speak English before coming to Britain to live with their spouse was today dismissed by a High Court judge.

In a closely monitored test case, Mr Justice Beatson said the new ‘pre-entry’ English language exam announced by Home Secretary Theresa May in June 2010 did not interfere with the human rights of three couples who brought the challenge.

In his judgment, handed down at the High Court in Birmingham, Mr Justice Beatson said the new requirement was not a disproportionate interference with family life.

Rashida Chapti, pictured leaving Birmingham High Court with her interpreter today, and her husband were one of three couples who challenged an immigration law requiring people to be able to speak English before coming to BritainRashida Chapti, pictured leaving Birmingham High Court with her interpreter today, and her husband were one of three couples who challenged an immigration law requiring people to be able to speak English before coming to Britain

The claimants’ lawyers launched the judicial review in the High Court, arguing that the rule contravened the right to a family life and the right to marry under the European Convention on Human Rights.

British citizen Rashida Chapti, 54, and her 57-year-old husband Vali Chapti, were one of three named claimants in the case.

The couple have been married for 37 years and have six children together but Mr Chapti, an Indian national who does not speak, read or write English, cannot move to the UK under the new immigration rule.

 

 

The challenge to the rule also claimed the language requirement was unlawful and constituted discrimination on the grounds of race and nationality.

A tribunal ruled that Mr Chapti should not be given a spouse visa because it had not been established that his wife could maintain him from her income.

‘The new rule does not indirectly discriminate on the ground of nationality, ethnic origins or disability’

The first-tier tribunal also rejected Mr Chapti due to his age, lack of skill and English language ability, as well as his poor employment prospects.

In his judgment, Mr Justice Beatson said the new rule did not interfere with the claimants’ right to marriage and was legitimate in its aim of protecting public services and promoting integration.

The judge stated: ‘Taking into account all the material before the court, in particular the exceptions to it, the new rule is not a disproportionate interference with family life and is justified.’

Dismissing claims that the rule was discriminatory because it did not apply to migrants from some English-speaking countries, the judge added: ‘The exemptions based on nationality are not direct discrimination based on nationality.

‘This is because the “bright line” drawn between countries to be considered to be “English-speaking countries” and those which are not is a rational one.

‘The new rule does not indirectly discriminate on the ground of nationality, ethnic origins or disability.’

About Eeyore

Canadian artist and counter-jihad and freedom of speech activist as well as devout Schrödinger's catholic

7 Replies to “Victory for common sense as judge rules new ban on immigrants who can’t speak English is legal”

  1. Now all we need to do is apply this law to existing immigrants”if you haven’t learned the language by “x” amount of time then you are going to be deported” Then lets see where they are without the use of there biggest weapon to snarl up this country’s judicial system?

  2. Quote from the Mail: Through a translator, she said: ‘Naturally I feel very disappointed. It is Christmas and I will be alone without my husband. We will keep fighting for him to come here.’

    Sure. From the photograph, one can see that they are all Muslims. So all of a sudden they are going to celebrate Christmas. Kitma, Taqqiya, and bamboozle the Kuffar, comes to mind.

  3. Again, bravo England. Our great minister of Immigration Jason Kenney is currently working on cleaning up the immigration mess in Canada. One of the measure to be looked at is making sure that new immigrants speak either of the official languages in Canada. Finally. Things are looking better and better.

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