Sham Marriage Legislation Breaches HR Act

Sham Marriages - Incompatible Legislation
R (on the application of Baiai and others) v Secretary of State
for the Home Department
QBD
10 April 2006
BAILII Judgment
The regime introduced by s 19 of the Asylum and Immigration
(Treatment of Claimants, etc) Act 2004, to prevent sham marriages
was incompatible with arts 12 and 14 of the European Convention on
Human Rights because it had affected the rights of many more
people than would be necessary to achieve the legislative purpose
and that it constituted direct discrimination on the grounds of
religion and nationality.