T, R (On the Application Of) v Secretary of State for the Home Department [2016] EWCA Civ 801 (28 July 2016)

The appellant could not qualify for temporary relief under the DDV Concession because her last grant of limited leave was not as the partner of a person settled in the UK, and the term 'partner' in E-DVILR 1.3 must be interpreted in that context. Therefore, she could not meet the requirements for indefinite leave to remain as a victim of domestic violence.

Citation: [2016] EWCA Civ 801
Parties: Claimant/appellant: T; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 28 July 2016
Procedural Posture: Judicial Review Appeal / Appeal From High Court (administrative Court) to Court of Appeal
Outcome: Appeal dismissed
Legal Topics: Destitute Domestic Violence Concession, Indefinite Leave to Remain, Interpretation of Immigration Rules, Domestic Violence Victims, Eligibility Criteria

Immigration Law Administrative Law Destitute Domestic Violence Concession Indefinite Leave to Remain Interpretation of Immigration Rules Domestic Violence Victims Eligibility Criteria

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Parties

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

1 Whether the appellant qualifies for temporary relief under the Destitute Domestic Violence Concession (DDV Concession)
2 Proper interpretation of sections DVILR and E-DVILR of Appendix FM to the Immigration Rules
3 Meaning of 'partner' in the context of E-DVILR 1.3

Ratio Decidendi

Court Disposition

Appeal dismissed