IAT 1. (a) Applications for ILR arising from domestic violence must be made by using the appropriate form. An application made otherwise than by form is not valid and cannot found a successful appeal. (b) The form may be a valid application even if it is submitted out of time. (c) If it is out of time, it will not give rise to a right of appeal under s82(2)(d) but will clearly be relevant if some other immigration decision (e.g. to remove as an overstayer) is made. (d) The Regulations (SI 2003/1712) contain provisions relating to documents accompanying the form. It is for the Secretary of State to take any point about missing documents within the prescribed time; if he does so the form is invalid and an appeal based on it cannot succeed, but if he does not, the application by form is to be treated as valid.
2. Evidence of domestic violence. If (but only if) there has been a valid application, the Immigration Judge is not confined on an appeal to the evidence ‘required’ by the Secretary of State, nor is an appeal bound to fail if the ‘required’ evidence has not been produced. The question of whether domestic violence has occurred is to be determined on the basis of all the evidence before the Immigration Judge. Paragraph 289A(iv) is to be read down to reflect this.
Judges:
C M G Ockelton
Citations:
[2006] UKAIT 00058
Links:
Immigration
Updated: 07 July 2022; Ref: scu.244051