SWP, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 439 (25 April 2023)

SWP, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 439 (25 April 2023)

The difference in treatment between partners of Tier 2 migrant workers and those of EEA nationals with pre-settled status under the DDVC is objectively justified, given the unique context of the UK's withdrawal from the EU and the legitimate aim of limiting the concession to those with a reasonable expectation of permanent settlement. The appellant's exclusion does not violate Article 14 ECHR.

Citation
[2023] EWCA Civ 439
Parties
Claimant/appellant: SWP; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
25 April 2023
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Domestic Violence Concession, Article 14 ECHR, Article 8 ECHR, Discrimination, Judicial Review, Immigration Rules, Public Law
Immigration Law Human Rights Law Administrative Law Domestic Violence Concession Article 14 ECHR Article 8 ECHR Discrimination Judicial Review +2 more

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Parties

SWP

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether exclusion of the appellant from the Destitute Domestic Violence Concession (DDVC) is objectively justified under Article 14 ECHR, read with Article 8, due to her immigration status as the partner of a Tier 2 migrant worker.

Ratio Decidendi

The difference in treatment between partners of Tier 2 migrant workers and those of EEA nationals with pre-settled status under the DDVC is objectively justified, given the unique context of the UK's withdrawal from the EU and the legitimate aim of limiting the concession to those with a reasonable expectation of permanent settlement. The appellant's exclusion does not violate Article 14 ECHR.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; High Court judgment upheld
  • Application to adduce fresh evidence refused