English Language Requirement for Family Members
16/12/11 15:13 Filed in: English
The legal challenge against the English language requirement supported by Liberty and the Joint Council for the Welfare of Immigrants in the case of R(Chapti) v SSHD  EWHC 3370 (Admin) 16 December 2011 failed.
Permission to appeal to the Court of Appeal was granted. The court however did decide that Article 8 (family life) of the European Convention on Human Rights will always be engaged in cases involving the refusal of entry clearance/leave to remain applications involving spouses. Also, it may be arguable that the English language requirement would be a disproportionate interference in that Article 8 protection but it will depend on the individual facts of each case.
More when we have it.