Legal challenge launched against 'discriminatory' sham marriage algorithm
Occurred: February 2023
Can you improve this page?
Share your insights with us
A legal challenge has accused an algorithm used by the UK Home Office to identify potential sham marriages of discriminating against people from certain countries.
The algorithm, which is applied to marriage applications involving someone who is not a British or Irish citizen, and lacks sufficient settled status or a valid visa, identifies couples suspected of getting married just to get round immigration controls, and refers them for investigation by officials.
According to legal charity the Public Law Project (PLP), the tool could discriminate against people from certain countries. The Home Office denied the algorithm uses nationality as a factor in its response to freedom of information requests.
The PLP had earlier obtained an internal Home Office equaity impact assessment (pdf) that concluded that the algorithm had disproportionately singled out people from Albania, Greece, Romania and Bulgaria, indicating bias and possible discrimination against nationals from these countries.
Databank
Operator: UK Home Office
Developer: Home Office DACC
Country: UK
Sector: Govt - immigration
Purpose: Detect sham marriages
Technology: Machine learning
Issue: Bias/discrimination - nationality; Fairness
Transparency: Governance
System
Legal, regulatory
Research, advocacy
Public Law Project (2023). Legal action launched over sham marriage algorithm
Electronic Immigration Network (2023). Public Law Project begins judicial review over ‘discriminatory’ Home Office algorithm used to identify potential sham marriages
News, commentary, analysis
Page info
Type: Incident
Published: March 2024