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Barriers to entry: spouses’ English tests upheld (part2)

Afbeelding
The second claimant Mrs Ali’s husband hails from Yemen where there are no test centres. Mr Ali is illiterate and his prospects of learning English are gloomy. The test’s online delivery precludes Mr Ali from taking it because he possesses no computer skills. Furthermore, his poverty marginalises his chances to acquire training to overcome his problems and hence Mrs Ali is forced to live in Yemen in order to enjoy her family life. The third claimant – a British woman with a Pakistani husband named Mr Jehangir (who although literate in Urdu is unable to speak English) – found it impracticable to have to relocate with her child to Pakistan. Moreover, costs of Rs 300,000 (or £2,000) would be incurred in the event Mr Jehangir moved from Kotli to Islamabad or Mirpur to prepare for the test. Large chunks of Beatson J’s judgment, see paragraphs 33 to 55, remain devoted to the Home Office’s Equality Impact Assessments and Impact Assessments: the regurgitation of which bolsters arguments in ...