By Thomas Hill – Legal Associate
In the current case of R (AM) v SSHD [2022] EWHC 2591 (Admin), the High Court addressed an underpublicized type of home abuse, identified to campaigners as ‘transnational marriage abandonment’.
The case concerned a Pakistani girl resident within the UK, who had been left stranded in Pakistan and separated from her two-year-old youngster after being deserted on what was supposedly a household vacation by her abusive husband. Handing down judgment, Mrs Justice Lieven held that the provisions within the Immigration Rules regarding indefinite depart to stay (“ILR”) for victims of home violence are illegal beneath the Human Rights Act insofar as they discriminate in opposition to victims exterior the UK.
This weblog publish considers the background to the case, the court docket’s reasoning, and the implications of the choice.
The DVILR Provisions and Transnational Marriage Abandonment
Appendix FM to the Immigration Rules permits the spouses and long-term companions of British nationals, settled individuals, and numerous other forms of UK residents to affix or stay with their companion within the UK.
If a relationship breaks down, an individual holding depart as a…
