Home Office Statement:
“We believe matters of public policy, including the detail of how the minimum income threshold should operate, are for the Government and Parliament to determine, not the Courts. ….”
The long awaited news is out today( 27.7.2013), but No! The Home Office will not be releasing a statement on how they intend to comply with the recent high court decision but will be appealing!
This is to the disappointment of many, especially couples who have been waiting with baited breath to make their spouse visa application following the recent High Court ruling that recommended that the Home Office reduce and ease the requirement for the minimum income threshold (Currently £18,600 for a couple).
It was hoped that the Home Office would release a statement, which (many couples with a foreign spouse hoped) would outline the implementation of the High Court recommendations. This to most meant a glimmer of hope in their fight to bring their non-EEA spouse over.
Government Position
The government seems to be hot on the issue of immigration and it is unlikely to back down on its promise to reduce immigration, especially with the election around the corner. Immigration Minister Mark Harper stated:
“We are pleased that the High Court judgment supports the basis of our approach, but we are appealing against its judgment as we believe matters of public policy, like the minimum income threshold, are for the government and Parliament to determine, not the Courts.”
So what are the chances?
In line with the law principal of separation of power; the courts have no power to dictate the laws to the government. However, they check the powers of the parliament by interpreting the laws when matters come before them and in doing so can some push the government’s hand by e.g. in this case the high court did promise to allow appeal under Article 8 (Right to Family and Private Life) even where the couples didn’t meet the minimum income threshold, especially where they have things like 3rd party support etc.
Income threshold seems to be an emerging theme, with several western countries like America, Canada and Australia, having similar systems. There is a possibility of the Home Office losing against of the issue of Income Threshold again but I would not be so sure as even the current law does seem to make provision for exceptional and compassionate circumstances (which off course they don’t use as much as they should, either by design or due to people not relying on this clause). The Home Office argument is that it is possible to address any disproportionate interference of the right to family that may be caused on an individual case basis.
See more news from UKBA Website
A Luta Continua – “The struggle continues”.
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