Category Archives: Domestic Violence

DVILR breaches Article 14 of the ECHR 

AM, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 2591 (Admin) (14 October 2022) In these judicial review proceedings, Lieven J held that Appendix FM, specifically the Domestic Violence Indefinite Leave to Remain … Continue reading →

Posted in Appendix FM, Article 14, Children, Domestic Violence, ILR, Immigration Rules, Judicial Review, Karachi, Pakistan, Spouses, TMA, UKSC, Women | Tagged , , , , , | Leave a comment

One-application-at-a-time policy: Court of Appeal differentiates ‘human rights claim’ from ‘leave to remain’

MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1500 (15 October 2021) The Court of Appeal has held that an ILR application as a victim of domestic violence does not inherently involve a human rights … Continue reading →

Posted in Appendix FM, Article 8, Court of Appeal, Domestic Violence, ECHR, Human Rights, Immigration Rules, Pakistan, Settlement, Spouse visa | Tagged , , , | Leave a comment

Domestic violence claim is not a human rights claim 

MY (refusal of human rights claim: Pakistan) [2020] UKUT 89 (IAC) (27 February 2020)  This decision brings further detriment to applicants relying on the domestic violence rules to obtain leave to remain. The result is that the Home Office can … Continue reading →

Posted in Appeals, Appendix FM, Article 3, Article 8, COVID-19, Domestic Violence, ECHR, Hostile Environment, Human Rights Act, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Settlement, Spouses, Tribunals | Tagged , , , , , , | Leave a comment

Free Movement: Home Office Softens its Stance on Retained Rights of Residence

Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088 (20 April 2018) In this case the Home Office extraordinarily conceded that for a third country national to retain residence rights in the UK under article 13(2)(a) … Continue reading →

Posted in Children, Citizens Directive, CJEU, Court of Appeal, Domestic Violence, European Union, Free Movement, OFMs, Pakistan, Permanent Residence, Spouses | Tagged , , , , , , | 1 Comment

‘Nothing Irrational’ about Abolishing Appeal Rights in Domestic Violence Cases

R (on the application of AT) v Secretary of State for the Home Department [2017] EWHC 2589 (Admin) (18 October 2017) These judicial review proceedings relate to appeal rights in a hostile environment, domestic violence and indefinite leave to remain … Continue reading →

Posted in Appeals, Appendix FM, Article 2, Article 3, Article 8, Domestic Violence, ECHR, Forced marriage, Human Rights Act, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Settlement | Tagged , , , , , , | Leave a comment

Extremely Deplorable CJEU Ruling on Domestic Violence

SSHD v NA (Pakistan) [2016] EUECJ C-115/15, EU:C:2016:487 (30 June 2016) As pointed out by Guild, Peers and Tomkin in The EU Citizenship Directive: A Commentary (2014), Directive 2004/38/EC “has proven to be a fertile ground for litigation, generating increasing, … Continue reading →

Posted in Article 8, CFR, Citizens Directive, CJEU, Domestic Violence, Employment, Proportionality, Women | Tagged , , , , , , , | Leave a comment

Construing the Rules: High Court to the Rescue

Amin, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2813 (Admin) One of the worst things that can happen to any immigration subject is for their application to be declared “invalid”. The consequences … Continue reading →

Posted in Domestic Violence, High Court, Immigration Rules, Manchester, Pakistan, Spouse visa, Women | Tagged , | Leave a comment

Domestic violence and settlement: a Gujarati case

Earlier in the year the Director of Public Prosecutions (DPP) Keir Starmer QC highlighted the need to tackle domestic violence (DV) – see his speech Domestic Violence: the facts, the issues, the future. Starmer argued that the saying “it’s just … Continue reading →

Posted in Article 8, Domestic Violence, DPP, Gujarat, Immigration Rules, India, Settlement, Tribunals, UKBA | Tagged , , , , , , | Leave a comment