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The
ban was declared illegal by the high court
in April 2006 following an appeal by three
couples whose marriages were banned. The
Law Lords upheld the ruling Wednesday.The
Law Lords said the ban was an "arbitrary
and unjust interference" with human
rights. Commenting, the chief executive
of the migrants' rights charity JCWI (Joint
Council for the Welfare of Immigrants),
Habib Rahman says: "It's a great day
for human rights, for justice and for migrant
communities, who were clearly the target
of this discriminatory scheme.
"The
Government's policy is now in tatters. It
was comprehensively trashed in a unanimous
ruling by the House of Lords. The Government
will have to go back to the drawing board
now.
"We
want the scheme scrapped altogether. The
scheme is unnecessary, costly, slow and
bureaucratic. On top of that the authorities
have the ability to deal effectively with
what they see as 'sham' marriages under
the current very strict immigration rules
that cover marriage and settlement."
Baroness
Hale said: "Denying those benefits
to a couple whose relationship is genuine
is neither a rational nor a proportionate
response to the legitimate aims of a firm
and fair immigration policy."
In
April, a high court judge had concluded
that the restrictions were not rationally
connected because they prevented weddings
only in non-Anglican religious ceremonies
and the government had not proved or even
asserted that these ceremonies were being
used for bogus weddings.
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