UTIAC Someone who is married to a person settled in the United Kingdom but who only has discretionary leave to remain cannot, if his marriage breaks down because of domestic violence, claim an entitlement to indefinite leave by analogy with paragraph 289A of the Immigration Rules. There is no unlawful discrimination in terms of ‘other status’ under Article 14 of the ECHR. That the rule only benefits those given leave to enter or remain under Part 8 of HC 395 does not itself engage the Convention, although the circumstances of the marital breakdown may be relevant to the assessment of any Article 8 claim that removal would be disproportionate.
Judges:
Lord Matthews, McKee UTJ
Citations:
[2011] UKUT 352 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 19 September 2022; Ref: scu.444056