B, R (on the application of) v Secretary Of State For Home Department [2002] EWCA Civ 1797 (21 November 2002)

B, R (on the application of) v Secretary Of State For Home Department [2002] EWCA Civ 1797 (21 November 2002)

The Secretary of State erred in failing to properly consider the evidence of domestic violence during the marriage and in not making further enquiries as required by the policy. The evidence, including the non-molestation order and uncontested witness statements, established that the applicant was a victim of domestic violence during the marriage and that this was a significant contributory factor to the breakdown. The decision was therefore flawed and must be quashed.

Citation
[2002] EWCA Civ 1797
Parties
Applicant/appellant: The Queen on the application of [Applicant]; Defendant/respondent: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
21 November 2002
Procedural Posture
Judicial Review / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal allowed; cross-appeal dismissed; order quashed; application remitted for reconsideration.
Legal Topics
Domestic Violence Concession, Indefinite Leave to Remain, Evidentiary Requirements, Causation in Relationship Breakdown
Immigration Law Administrative Law Family Law Domestic Violence Concession Indefinite Leave to Remain Evidentiary Requirements Causation in Relationship Breakdown

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

The Queen on the application of [Applicant]

Applicant/appellant

The Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant was a victim of domestic violence during the subsistence of the marriage
  2. 2 Whether domestic violence was the cause of the breakdown of the marriage
  3. 3 Whether the Secretary of State properly applied the domestic violence concession policy

Ratio Decidendi

The Secretary of State erred in failing to properly consider the evidence of domestic violence during the marriage and in not making further enquiries as required by the policy. The evidence, including the non-molestation order and uncontested witness statements, established that the applicant was a victim of domestic violence during the marriage and that this was a significant contributory factor to the breakdown. The decision was therefore flawed and must be quashed.

Court Disposition

Appeal allowed; cross-appeal dismissed; order quashed; application remitted for reconsideration.

Orders

  • Permission to appeal granted.
  • Appeal allowed.