The Court of Appeal has handed down a decision ( EWCA Civ 985) in which it has allowed the home secretary’s appeal against Mr Justice Blake’s judgment in MM & Others v Secretary of State  EWHC 1900 Admin. Manjit S Gill QC, Ramby de Mello and Danny Bazini of No5 Chambers appeared for the claimants.
The case concerns the home secretary’s controversial rules on family migration requiring that British citizens or partners lawfully settled in the UK must show that they have an income of at least £18,600 per annum with additional sums for each child before they can sponsor their foreign partners from outside the European Economic Area.
The Court of Appeal has held that the requirements are lawful. The court reached this conclusion essentially on the basis that it was not for the court to analyse the basis of the secretary of state’s decision to introduce such requirements into the immigration rules, which are merely statements of administrative policy.