R (AM) v Secretary of State for the Home Department

Subject Matter

IMMIGRATION — Leave to remain — Domestic violence — Immigration Rules providing for indefinite leave to remain to be granted on grounds of domestic abuse only if applicant in United Kingdom — Whether relevant provisions of Rules unlawful by virtue of being contrary to purpose of part of Rules — Whether relevant provisions of Rules unlawful by virtue of being discriminatory — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14 — Immigration Rules, Appendix FM, Section DVILR

[2022] EWHC 2591 (Admin); [2023] 1 WLR 732; [2023] Imm AR 144; [2022] WLR(D) 409; [2023] ACD 6, KBD

Commentary

Free Movement
Lack of route for victims of transnational marriage abandonment is unlawful, High Court finds Case comment

Electronic Immigration Network
Domestic Violence Indefinite Leave to Remain (DVILR) of the Immigration Rules breaches Article 14 of the ECHR Case comment

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