'An overview of the judgment handed down on 11 July 2014 and the two-day Court of Appeal hearing on 4-5 March 2014, in the MM and Ors vs Secretary of State, Home Department (Theresa May) case.'
' The CoA judgment yesterday took us all by surprise. Why this judgment has hit so hard is that it is completely at odds with how the hearing in March seemed to go ... The unanimous decision to allow Secretary of State Home Department’s appeal is unsettling. That so much of the MM evidence is not referred to is disconcerting. That the judges took over four months just to say everything about the rules is lawful, is disrespectful to the thousands of families who are victims of these rules, the government and now our judicial system.
'Whilst the High Court judgment was lauded as a victory by pretty much everyone, I did not think even that went far enough in addressing the problems with the rules especially as they impacted self-employed, pensioners and Brits overseas. CoA on the other hand has gone to an extreme by stating High Court was wrong to find anything at all unlawful about the rules – in its view there is nothing unlawful about these rules. Bird in hand….
'There is no acknowledgement by CoA of British citizens being able to go down the ‘Surinder Singh’ route which would negate the need to meet any financial requirements, pass the English test, pay over £3000 in visa fees and would render the foreign partner with recourse to public funds. Economic well-being and integration justifications for these rules, put forward by HO and accepted by CoA, thus fall apart, as the rules only serve to cause inconvenience to British families to detriment of our economy and public interest, with most severely impacted being non-citizen residents and refugees.
'I’m left with the impression HO and judges had a decision in mind and just sought excuses to justify their policy and judgment respectively, rather than objectively assessing the evidence at hand in order to then reach a conclusion, in the process therefore ignoring the devastating impact on families. Layman’s interpretation of CoA judgment below – do read the actual judgment and form own views http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2014/985.html
Continued : http://www.scribd.com/doc/231039718/MM-and-Ors-Case-Overview