In May of this year we wrote about a case whose details have yet to be made public, but which the President of the Family Division, Sir James Munby described as “a conspiracy to pervert the course of justice on an almost industrial scale”.
That case is Rapisarda v Colladon, and whilst we wait for The President and media outlets to furnish us with more information, we came across a very interesting news item which may hint at the contents of this case. You may recall that Rapisarda involves a high number of divorce decrees, which are due to be set aside.
In America at the moment, a very similar case appears to be making waves, involving the use of divorce decrees to get around an immigration issue. It seems that the Sixth Circuit has just ruled that the Board of Immigration Appeals (BIA) was right to reject a legalization (adjustment of status) plea from someone who had engaged in a sham divorce for immigration purposes.
If this post on the Center For Immigration Studies’ website is correct, the suggestion here is that couples have been trying to get around a loophole which would prevent them from entering the country. The current decision by Congress that unmarried alien adult children of green card holders may be admitted as immigrants themselves, but married adult children of the same aliens cannot be, may perhaps ring true in our own case back at home, albeit that our laws here may vary on this point.
As we do not know anything about immigration law, we cannot ascertain the possible benefits of getting a divorce here in order to stay in the UK, but for those of you who are experts in the field, please don’t be shy to enlighten us, we’d love to know if we’re going in the right direction.
We hope very much that if that is the case, the media won’t seize on this as an opportunity to denegrate those men and women who have come to England from farther lands. These divorces may well have been an act of desperation… we shall see.