Landmark High Court ruling finds Home Office unlawfully discriminates against victims of domestic abuse abandoned outside the UK – Garden Court Chambers
‘In R on the application of AM v SSHD [2022] EWHC 2591 (Admin) Lieven J held that victims of transnational marriage abandonment are in an analogous position to victims of domestic abuse in the United Kingdom. However, while victims of domestic abuse in the United Kingdom can, provided they meet other requirements, apply for indefinite leave to remain; victims of transnational marriage abandonment abroad did not have this option. On this basis, Lieven J concluded that the failure by the SSHD to make provision for this cohort within the Immigration Rules and policy guidance unlawfully discriminated against them and was a disproportionate interference with their article 8 rights.’
Garden Court Chambers, 18th October 2022
Source: www.gardencourtchambers.co.uk
