A v Secretary of State for the Home Department

Immigration – Indefinite leave to remain – Victims of domestic violence – Spouses of refugees. Court of Session: Allowing a reclaiming motion in judicial review proceedings by a Ugandan national and spouse of a refugee, whose application for indefinite leave to remain as a victim of domestic abuse was refused on the basis that she failed to meet the requirements of the Immigration Rules for the grant of leave to remain as victim of domestic violence, not being a spouse of a British citizen or an individual settled in the UK, the court concluded that the Lord Ordinary, who concluded that the relevant provisions were not disproportionate and that there was no room for the intervention of the court, had erred, that it could not say that the difference in treatment was proportionate and that this was a case in which the line had been drawn effectively by oversight and where the justification advanced was weak to the extent of being unjustifiable.

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