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).
Mental health and access to justice: what reasonable adjustments should be made? (Jade Anderson v Turning Point Eepro)
A woman had mental health issues while she in the process of bringing a claim for sex discrimination. Her claim was successful, but she felt that her compensation was insufficient. She took her case to the Employment Appeal Tribunal (EAT), and then to the Court of Appeal. She argued that the Employment Tribunal’s failure to make adjustments for her disability had caused the case to be badly handled, so that she received inadequate compensation. Her appeals to the EAT and to the Court of Appeal were unsuccessful.
Protecting children seeking asylum from being detained based on appearance (BF (Eritrea) v Secretary of State for the Home Department)
A person seeking asylum arrived in the UK at the age of 16. Officials thought he looked over 18 and he was held in immigration detention. He was later found to have told the truth about his age. The Home Office’s own rules say that unaccompanied children should not be detained. The person seeking asylum unsuccessfully challenged this in the First-tier Tribunal (Immigration and Asylum Chamber), and again in the Upper Tribunal. He then appealed the UT’s decision in the Court of Appeal. We intervened in the Court of Appeal to challenge guidance from the Home Secretary which said that people seeking asylum who look over 18 can be treated as adults.