Paragraph 277 was amended in 2008, raising the minimum age for a person to be granted a visa to settle in the UK with a spouse from 18 to 21. The aim of this amendment was to deter forced marriages rather than to control immigration.
The respondents' claims for judicial review were rejected in the High Court, but they successfully appealed to the Court of Appeal, which found that the application of paragraph 277 was in violation of their rights under Article 8 (right to family life) of the European Convention on Human Rights. The Secretary of State appealed, and the case was brought before the Supreme Court.
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