R (on the application of MM (Lebanon)) v Secretary of State for the Home Department and other cases

Immigration – Leave to enter. The Supreme Court ruled on the claimants' appeal against the decision of the Court of Appeal, Civil Division, concerning the amendment to the Immigration Rules 1994 (HC 395) that required a United Kingdom spouse or partner to meet a minimum income requirement (MIR) before their non-EEA partner would be permitted leave to enter the UK to join them. The Supreme Court held, among other things, that: (i) the central challenge to the validity of those rules as under the Human Rights Act 1998 failed; and (ii) the Rules had failed unlawfully to give effect to the duty of the Secretary of State in respect of the welfare of children under s 55 of the Borders, Citizenship and Immigration Act 2009.

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