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Update on Domestic Violence
in Immigration Law

Speaker:  Priya Solanki
Date: Spring 2024

Immigration

Priya is an experienced practitioner in all areas of immigration, asylum and nationality law. She is ranked in Legal 500 and Chambers and Partners as a leading junior. She has a particular interest in and experience of cases involving gender violence, mental health issues and vulnerable clients. She provides regular training for ILPA on these topics and others. She is also the Chair of Trustees at Maa Shanti which is an organisation that supports South Asian single mothers/victims of domestic violence.

In this presentation, Priya gives an update on recent amendments to the Migrant Victims of Domestic Abuse Concession (MVDAC) which has replaced the Destitution Domestic Violence Concession. She highlights the nuances of eligibility laid out by this policy for migrant victims of domestic abuse to access public funds before or while they apply for Indefinite Leave to Remain. She also highlights evidential issues in these cases.

Key words/topics

Migrant Victims of Domestic Abuse Concession (MVDAC)

Destitution Domestic Violence Concession

Indefinite Leave to Remain

Appendix Victim of Domestic Abuse (Appendix VDA)

T, R (On the Application Of) v SSHD [2016] EWCA Civ 801

A v SSHD [2016] ScotCS CSIH_38

FA (Sudan), R (On the Application Of) v SSHD [2021] EWCA Civ 59

SWP, R (On the Application Of) v SSHD [2022] EWHC 2067 (Admin)

R (SWP) v SSHD [2023] EWCA Civ 439

Victim of Domestic Abuse

Grounds for Refusal

Appendix Family Reunion

Appendix Armed Forces

EEA National with Limited Leave

Relevant Date of Violence

IN (Domestic Violence – IDI – policy) Pakistan [2007] UKAIT 00024

RM (Pakistan) v SSHD [2007] EWCA Civ 1437

LA (para 289A: causes of breakdown) Pakistan [2009] UKAIT 00019

R on the application of AM v SSHD [2022] EWHC 2591 (Admin)

Ishtiaq v Secretary of State for the Home Department [2007] EWCA Civ 386

Evidential issues

Common European Framework of Reference for Languages

 

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