Source: All England Reporter
Publisher Citation: [2016] All ER (D) 11 (Aug)
Neutral Citation: [2016] EWCA Civ 801
Court: Court of Appeal, Civil Division
Judge:

Moore-Bick VP, Longmore and Macur LJJ

Representation Judith Farbey QC and Rebecca Chapman (instructed by Ealing Law Centre) for the claimant.
  Cathryn McGahey QC (instructed by the Government Legal Department) for the Secretary of State.
Judgment Dates: 28 July 2016

Catchwords

Immigration - Leave to remain - Indefinite leave to remain - Claimant having entry clearance as post-flight spouse of refugee - Claimant suffering domestic violence - Claimant applying for indefinite leave to remain as victim of domestic violence under defendant Secretary of State's destitute domestic violence concession - Defendant refusing claimant's application on basis of not satisfying eligibility criteria - Claimant's judicial review of decision being dismissed - Claimant appealing - Whether claimant being able to satisfy eligibility criteria - Whether definition of 'partner' having broad or narrow meaning - Immigration Rules, Appendix FM, section DVILR para 1.1, section E-DVILR paras 1.2, 1.3, section GEN 1.2.

The Case

Immigration Leave to remain. The Court of Appeal, Civil Division, dismissed the claimant's appeal against her unsuccessful application for judicial review of the Secretary of State's decision to refuse her application under the destitute domestic violence concession. The court found that the Secretary of State had to look at whether an applicant could satisfy the terms of sections DVILR and E-DVILR of the Immigration Rules without construing them by reference to the concession. Further, 'partner' in para1.3 of E-DVILR had the narrow meaning ascribed to it in para1.2(a).

Practice Areas

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