Judge Upholds Rule that Immigrants to UK Know English

By:  Bruce Walker
12/20/2011
       
Judge Upholds Rule that Immigrants to UK Know English

Last November, the British coalition government introduced a new requirement into immigration rules: The immigrant must be know the English language. The rule was challenged by Rashida Chapti and Vali Chapti, two Indians in their 50s. Rashida speaks English but Vali, her husband of 37 years, does not. Currently the couple lives separately because of that obstacle. In their lawsuit, the couple claimed that the language requirement violated their rights under the European Convention on Human Rights, which guarantees the right to family life and the right to marry.

Judge Jack Beatson in his opinion stated,

The new rule impacts on the Article 8 rights of the claimants [the right to a family life], but its aims, to promote integration and to protect public services, are legitimate aims.  Taking into account all the material before the court, including the exceptions to the new rule, it is not a disproportionate interference with family life and is justified.

Last November, the British coalition government introduced a new requirement into immigration rules: The immigrant must be know the English language. The rule was challenged by Rashida Chapti and Vali Chapti, two Indians in their 50s. Rashida speaks English but Vali, her husband of 37 years, does not. Currently the couple lives separately because of that obstacle. In their lawsuit, the couple claimed that the language requirement violated their rights under the European Convention on Human Rights, which guarantees the right to family life and the right to marry.

Judge Jack Beatson in his opinion stated,

The new rule impacts on the Article 8 rights of the claimants [the right to a family life], but its aims, to promote integration and to protect public services, are legitimate aims.  Taking into account all the material before the court, including the exceptions to the new rule, it is not a disproportionate interference with family life and is justified.

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