||All England Reporter
|| All ER (D) 94 (Nov)
|| EWHC 2589 (Admin)
||Queen's Bench Division, Administrative Court (Leeds)
||Lucy Mair for the claimant.
||Gwion Lewis for the Secretary of State.
||18 October 2017
Immigration - Leave to remain - Domestic violence
Immigration Leave to remain. Although Appendix AR of the Immigration Rules, replacing appeals with administrative review, was wrongly drafted, it would be given effect in domestic violence claims that were not also human rights claims, but it could not be read as overriding provisions conferring a right of appeal in a domestic violence case that was also a human rights claim. The Administrative Court further held that the defendant Secretary of State's refusal of the claimant Pakistani national's application for indefinite leave to remain based on domestic violence had been reached by an unfair process.
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