SWP, R (on the application of) v Secretary of State for the Home Department

SWP, R (on the application of) v Secretary of State for the Home Department

The exclusion of the appellant from the DDVC is objectively justified under Article 14 ECHR, read with Article 8, due to the unique context of the UK's withdrawal from the EU and the special legal order of the EUSS. The difference in treatment between partners of Tier 2 migrants and EEA nationals with pre-settled status is not discriminatory as it pursues a legitimate aim and is proportionate. The government is entitled to a wide margin of appreciation in this area of policy.

Parties
Claimant/appellant: SWP; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Judicial Review (appeal) / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Domestic Violence, Discrimination Under Article 14 ECHR, Leave to Remain, Destitute Domestic Violence Concession (ddvc), European Convention on Human Rights (echr), Judicial Review
Immigration Law Human Rights Law Administrative Law Domestic Violence Discrimination Under Article 14 ECHR Leave to Remain Destitute Domestic Violence Concession (ddvc) European Convention on Human Rights (echr) +1 more

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Parties

SWP

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the exclusion of the appellant from the DDVC is objectively justified under Article 14 ECHR, read with Article 8
  2. 2 Whether the difference in treatment between partners of Tier 2 migrants and EEA nationals with pre-settled status is discriminatory and unjustified
  3. 3 Whether the High Court erred in its analysis of justification under Article 14

Ratio Decidendi

The exclusion of the appellant from the DDVC is objectively justified under Article 14 ECHR, read with Article 8, due to the unique context of the UK's withdrawal from the EU and the special legal order of the EUSS. The difference in treatment between partners of Tier 2 migrants and EEA nationals with pre-settled status is not discriminatory as it pursues a legitimate aim and is proportionate. The government is entitled to a wide margin of appreciation in this area of policy.

Court Disposition

Appeal dismissed