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(Court of Appeal; Chadwick, Dyson and Thomas LJJ; 26 April 2007)
Victims of domestic violence should not feel constrained to remain in an abusive relationship for 2 years solely in order to qualify for indefinite leave to remain. In exercising the discretion to decide what evidence of domestic violence to require an applicant to produce in a particular case, under Immigration Rules HC 395, para 289A(iv), the caseworker would usually apply the guidance given in Immigration Directorate Instructions, Chpt 8, s 4, requiring evidence in the form of an injunction, a conviction or a police caution, but if the application provided a reasonable explanation, the case worker should give the applicant an opportunity to provide such other reasonable evidence as she wished to produce.
This work provides commentary, checklists, procedural guides and precedents on the subject in a...