Love 'not necessary for genuine marriage'
Wednesday 09 December 1992
While the existence of 'passionate love' between a UK citizen and her foreign husband might help to persuade immigration authorities that the marriage was genuine, the absence of a love match did not of itself indicate, in the context of Muslim society, a 'marriage of convenience'.
Mr Justice Schiemann overruled an immigration appeal tribunal's decision not to allow Iram Iqbal, a 28-year-old shop assistant, to appeal against the Home Office's refusal to give her Pakistani husband, Tanveer, permission to live with her in this country.
Mrs Iqbal, of Battersea, south-west London, is now entitled to a full appeal tribunal hearing. Her husband originally asked to be allowed to join her six years ago and was refused entry in October 1988.
'The six-year wait is indicative of the couple's constancy and the slowness of our immigration and court procedures,' the judge said.
The adjudicator had failed to make clear his reasons for dismissing her appeal. He did not state whether he had taken account of the fact that this was a marriage between cousins in circumstances where such a marriage was traditional.
He gave the impression that he regarded the lack of overt affection as indicating that it was a marriage to secure the husband settlement in the UK. If that was his reasoning, it could be legitimately criticised.
The judge added: 'To draw an analogy with English society at the turn of the century, the fact that an American heiress was so keen to be a duchess that she was prepared to marry an Englishman whom she did not love would not lead one to suppose that the primary purpose of the marriage was for her to obtain admission to the UK. She may have been after his title and he after her money.'
- 1 Jeremy Clarkson 'sees no problem' with his racist language on Top Gear, says BBC
- 2 'Alien thigh bone' on Mars: Excitement from alien hunters at 'evidence' of extraterrestrial life
- 4 London restaurant 34 creates champagne glass modelled on Kate Moss’ left breast
- 5 ALS ice bucket challenge co-founder Corey Griffin drowns, aged 27
Richard Dawkins on babies with Down Syndrome: 'Abort it and try again – it would be immoral to bring it into the world'
Scottish independence: English people overwhelmingly want Scotland to stay in the UK
Isis threat: Cameron wants an alliance with Iran
Michael Brown shooting: Chaos erupts on the streets of Ferguson after autopsy shows teenager was shot six times – twice in the head
Bin bag full of cats' heads discovered near Manchester's Curry Mile
Disgusting, frustrating, but intriguing: how the country really feels about its politicians
£45000 - £50000 per annum + Benefits: Harrington Starr: SQL Developer (TSQL, S...
£45000 - £50000 per annum + Benefits + Bonus: Harrington Starr: Front-End UI/U...
£30000 - £40000 per annum + benefits+bonus+package: Harrington Starr: C#.NET ...