T, R (On the Application Of) v Secretary of State for the Home Department

T, R (On the Application Of) v Secretary of State for the Home Department

The appellant could not satisfy the requirements of section DVILR 1.1(d) and E-DVILR because her last grant of limited leave was not as the partner of a person settled in the UK, nor was it granted to enable access to public funds pending a DVILR application. The term 'partner' in E-DVILR 1.3 refers to the partner of a person settled in the UK. Therefore, the Secretary of State was entitled to refuse temporary relief under the DDV Concession.

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 From High 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
Immigration Law Administrative Law Destitute Domestic Violence Concession Indefinite Leave to Remain Interpretation of Immigration Rules Domestic Violence Victims

Case Brief

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Parties

T

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

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

Ratio Decidendi

The appellant could not satisfy the requirements of section DVILR 1.1(d) and E-DVILR because her last grant of limited leave was not as the partner of a person settled in the UK, nor was it granted to enable access to public funds pending a DVILR application. The term 'partner' in E-DVILR 1.3 refers to the partner of a person settled in the UK. Therefore, the Secretary of State was entitled to refuse temporary relief under the DDV Concession.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no relief granted to the appellant.