Immigration rules: extending domestic violence protection to refugees (R (A) v Secretary of State for the Home Department)
The wife of a refugee was granted temporary leave to remain in the UK. When domestic violence forced her to leave her husband, immigration rules meant she was no longer eligible for indefinite leave to remain. Had her partner been a British citizen or had settled immigration status, she would still be eligible for indefinite leave to remain under the Home Office’s domestic violence concession. However, the concession did not apply to partners of refugees. The woman unsuccessfully challenged the rules in the Court of Session (Outer House), and brought an appeal to the Court of Session (Inner House).
A man with mental health conditions attempted to appeal the outcome of an unsuccessful Employment Tribunal case. He missed the deadline by one hour and his appeal was refused by the Employment Appeal Tribunal (EAT). He took his case to the Court of Appeal, arguing that the EAT had discriminated against him.
Hillingdon Council’s housing rules said that a person must have lived in the area for at least ten years before they could apply for a house. The council refused two people, a refugee who had been given permission to stay in the UK and an Irish Traveller, on these grounds. We saw this as discriminatory and we intervened in their cases in the Administrative Court and the Court of Appeal.
A woman who was homeless had a range of serious mental health problems applied to the council to be housed. The council determined that she did not have the mental capacity to apply as homeless. She challenged this through the courts. The County Court had said it was bound by the outcome of an earlier case which found that people who lack capacity cannot make homeless applications.