The applicant sought leave to remain in the UK permanently after her relationship with her spouse had broken down after domestic violence. She now complained that the officer who had decided her case had treated himself as bound to accept as conclusive her failure to provide a copy of a court order to that effect.
Held: The officer had wrongly considered that he did not have a discretion. An applicant is not limited to evidence within the categories suggested. It was wrong to expect someone to stay in an abusive or violent relationship for two years to qualify for indefinite leave to remain.
Judges:
Chadwick, Dyson , Thomas LJJ
Citations:
[2007] EWCA Civ 386, Times 22-May-2007
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – AN (Pakistan) v Secretary of State for The Home Department CA 6-Jul-2010
The claimant appealed against refusal of indefinite leave to remain. She said that she feared if she returned to Pakistan she would be subject to domestic violence. Though her husband had received prison sentences of three years for offences of . .
Lists of cited by and citing cases may be incomplete.
Immigration, Family
Updated: 22 October 2022; Ref: scu.251503