UK High Court Rules in Favour of Interfaith Couple Over Unlawful Separation in Detention
A UK court rejected an interfaith couple's asylum challenge against deportation to India, but ruled the Home Office had unlawfully separated them in detention, breaching family life rights and opening a path for damages. The couple originally arrived in the UK in 2022, with the wife on a student visa and her husband as her dependent.
A Muslim man and his Hindu wife, who sought UK asylum citing fears of persecution over their interfaith marriage, have won a legal claim after being unlawfully separated while held in immigration detention prior to deportation. While the London court dismissed their challenge against the refusal of asylum, a High Court judge ruled that the Home Office breached their right to family life.
Asylum Claim and Detention Separation
Referred to anonymously as FNB (the wife) and FNN (the husband), the couple originally arrived in the UK in 2022, with the wife on a student visa and her husband as her dependent, reports PTI. After their legal leave to remain lapsed, they claimed asylum in March 2025 based on feared persecution in India due to their interfaith marriage. UK Man Pleads Guilty to Drugging, Raping Wife for 20 Years, Sharing Her Intimate Photos Without Consent.
The Home Office refused the application in August 2025, certifying the human rights and humanitarian claims as "clearly unfounded", which denied them a right of appeal. On September 11, 2025, the couple was detained pending removal to India and housed in separate male and female accommodation areas.
High Court Ruling and Damages
During the proceedings before Deputy High Court Judge Simon Tinkler, the couple argued that their separation was an unlawful interference with their Article 8 rights under the European Convention on Human Rights (ECHR). Although the court upheld the core asylum decision, Judge Tinkler ruled in favour of the claimants regarding their separation. Why EU Chief Ursula von der Leyen Proposed Banning Children Under 13 From Social Media, Games and Chatbots.
The Home Office conceded during the hearing that it had effectively misled the court, acknowledging it had operated without family accommodation facilities for couples without dependent children since 2020. The judge criticised the department for a "serious failure" in its duty of candour. The case has now been transferred to a lower court to assess the quantum of damages owed to the couple.
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(The above story first appeared on LatestLY on Sep 16, 2026 09:05 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).
