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Update on Domestic Violence in Immigration Law

Speaker: Priya Solanki
Chambers: One Pump Court

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