Bogus marriages

LAW IN ACTION BBC Radio 4's Law In Action Tuesday 30 September 2008, 1600 BST On Radio 4 and online Latest programme

There are fears of an increase in bogus marriages for immigration purposes following a key House of Lords judgment.

Law in Action speaks to Mark Rimmer, the Director of Registration and Nationality for the London Borough of Brent.

He says that he came across some outrageous cases of apparent sham marriages - with some couples not even having a common language.

The abuse led the government to pass the Asylum and Immigration (Treatment of Claimants) Act 2004, which tightened up the rules for marriages and immigration.

Mr. Rimmer says that following the act, the number of marriages in his borough fell by half, although he acknowledges that the act may have discouraged some legitimate couples from tying the knot.

However, in a case this July called R v Baiai and others, the Law Lords said the Act was unfair and incompatible with the human right to marry.

Every day of every working week you'd have a couple and say no way this is legit Mark Rimmer, registrar

Nuala Mole, director of the human rights group AIRE which supported the case, says the right to marry and found a family is one that is internationally recognised.

"The legislation actually deters and prevents couples who are perfectly genuinely wanting to get married from getting married," she says.

The UK Border Agency says in the light of the ruling, they've adapted the system to remove any blanket refusals and will now investigate individual applications.

According to Mark Rimmer and his colleagues across London, this means the potential for bogus marriages is back.

Obama the lawyer

We are all starting to get to know Barack Obama, the politician and presidential candidate. But not many of us know about his past career, as a professor of law at the University of Chicago Law School.

The programme hears from two of his former students, Daniel Sokol and Byron Rodriguez, who discuss what it was like to attend his classes.

He had a bit of sex appeal…The men would say that was a really good lecture, he's really smart, and the women would say 'and he's so good looking too' Professor Daniel Sokol

They talk about his interest in theory, the way he would push his students in one direction then challenge their ideas, and his use of humour.

Both agree they had little expectation at the time that he would rise so high in politics.

So what difference would either an Obama or a McCain presidency mean to the law of the US?

Jess Bravin, Supreme Court correspondent for the Wall Street Journal, outlines what divides the candidates.

He says Barack Obama has criticised the Bush administration for abandoning international norms in the "war on terror," particularly in its treatment of foreign suspects.

John McCain has similarly spoken out strongly against mistreatment and torture of detainees.

But Jess Bravin points out that Mr. McCain sponsored legislation that gave President Bush many of his current powers over foreign terrorist suspects.

Behind the Scenes at the Bailey

In the first of a series of reports on locations with a special significance for the law, Clive gets unprecedented access to the Central Criminal Courts, better known as the Old Bailey.

Certainly the building creaks and groans at night…and we do have reputedly a couple of ghosts Stephen Jones, building manager

He hears about some of the history and drama of the courts from Stephen Jones, the building manager, and barrister Kirsty Brimelow.

Stephen Jones describes some of the more bizarre cases, such as the time a bath was brought in as evidence.

And Kirsty Brimelow describes how Court Number 1 is one of the most exciting arenas for a barrister.

But sometimes it can all get a little too much.

"I've had experiences of people fainting in the dock," she says. "I've had experiences of people in the public gallery keeling over."

Maybe they saw one of the many ghosts reputed to haunt the Bailey.

Bogus Marriages - your thoughts:

If marriage must be an international human right, while immigration is not, why not disentangle marriage from immigration rights so that it has no bearing upon them?

Laura Ashe

I heard your piece today regarding the difficulties overseas residents can have getting married in the UK and the changes that were made to avoid bogus marriages. These changes were not made to Common Law - the right of an individual who lives in a parish of the Church of England to marriage in that church if neither party has been married, are over 18 (or 16 with parental consent and one of them lives within the parish boundary).

The restriction by the Government has meant many folk who are denied marriage by the state and registrars do now ask the church - and we find it difficult when we have an obligation to marry when identities can be difficult to confirm - especially asylum seekers. We try to be careful, and we have made the process a little more robust in some ways in checking identities, but it doesn't change the fact of their rights to a church wedding - rights many asylum lawyers know very well.

Reverend Tim Smith

Nuala Mole appears to believe that bogus marriages are a minor problem and implies that they are a victimless crime. This is not the case. Those bribed, or coerced, into marrying someone to facilitate their immigration into the UK are making it much more difficult for themselves to enter into a genuine future marriage. Furthermore, she implies that there is an absolute right to marriage under the law. This is also not the case as the right to marriage is restricted, for instance, by age and sex (civil partnerships being explicitly not regarded as marriages under the law although they confer similar rights and responsibilities).

Reverend Dr Peter Hatton

Presented documents and self for license to marry at register office - both British Citizens - both UK resident - living together 20 years...We were required to be interviewed separately and alone in the manner of the old Mr & Mrs TV show to check our bonafides - most annoying / distressing. "Now Mr Buxton, what does Deborah do for a living? Does she prefer tea or coffee?"

Richard Buxton

Coming Up

Scottish plans to reform jury system.

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Law In Action is broadcast on Tuesday 30 September 2008 at 1600 BST on BBC Radio 4.