‘A Practical Guide to the Law in Relation to Migrant Victims of Domestic Violence’ by Priya Solanki

Description

This guide explores the law in relation to migrant victims of domestic abuse / domestic violence (‘DA’ / DV’).

We look at the ability of DA victims who are here on temporary visas to flee their abusive situation when they are often entirely dependent upon and controlled by their partner who sponsors their visa.

The law in this area has recently been updated, with new immigration rules and policies.

We will consider the Migrant Victims of Domestic Abuse Concession (‘MVDA’), formerly known as the Destitution Domestic Violence Concession (‘DDVC’) and how this allows some victims who may have a No Recourse to Public Funds (‘NRPF’) condition attached to their visas to flee their marital home and seek public funds to help them to do so.

We look at:

• the immigration rules, which permit victims to apply for settlement, the interpretation of those rules by the Courts and Tribunals and the evidence required in support of applications;
• the phenomenon of transnational marriage abandonment (‘TMA’) and the new rules for victims of TMA;
• child dependants of victims of DA and children who are victims of DA in their own right;
• challenges to adverse decisions; and
• briefly, how Appendix EU of the Immigration Rules assists DV victims who are in the UK.

This title also touches upon how to assist victims of DA whose claims do not fall under the immigrations rules.

It is hoped that this book will allow more effective applications to be submitted by practitioners for vulnerable migrant victims of DA. It will further assist to make better challenges to adverse decisions in these cases by administrative and judicial review.

ABOUT THE AUTHOR

Priya Solanki is a sought–after barrister practising at One Pump Court Chambers. She has over 15 years’ experience. She has an extensive practice in all areas of immigration (including business immigration), asylum, deportation, trafficking, unlawful detention and EUSS applications. She regularly provides in-house training, seminars and webinars for Immigration Law Practitioners Association, Data Law and other organisations.  She has delivered extensive training on the topic of domestic violence in immigration law, including on the extensive changes recently introduced by the MVDA and Appendix Victims of Domestic Abuse.

Priya also has a particular interest in and vast experience of cases involving gender–based violence and vulnerable clients. She is a popular choice for solicitors looking to instruct counsel in DV cases and is considered as creative in her approach to these claims.  

Prior to coming to the Bar, Priya practised in immigration and asylum law as a supervisor and senior caseworker at a not-for-profit organisation. This gives her the great advantage of being able to assist with case preparation before cases reach appeal stage. This combined with her extensive advocacy experience makes her a popular choice for both clients and instructing solicitors. She is ranked Leading Junior barrister in immigration by the Legal 500 and Chambers & Partners. The Directories state that “Priya is dedicated, highly committed, excellent with clients”, “she has a passion for this area of work particularly in working for vulnerable survivors of domestic violence and trafficking”, “she is very knowledgeable and responsive and her advocacy is fantastic” and “she is always up to speed with the latest legal developments and is very good at assisting with the strategy of cases before the litigation stage is reached.”

Priya has been appointed as a Deputy Upper Tribunal Judge (Immigration and Asylum Chamber). Priya is also an Independent Funding Adjudicator for the Legal Aid Agency and the Co-Chair of the Legal Aid Agency Review Panel. She carries out these roles part-time alongside her work at the Bar.

CONTENTS

Chapter 1 – The Definition of Domestic Abuse
Chapter 2 – Seeking Leave Under the Migrant Victims of Domestic Abuse Concessions
Chapter 3 – Making a Valid Application for Settlement as a Victim of Domestic Abuse
Chapter 4 – Meeting the Suitability and Eligibility Requirements Under the Immigration Rules as a Migrant Victim of Domestic Abuse
Chapter 5 – Dealing with Transnational Abandonment Domestic Abuse Cases
Chapter 6 – Children as Dependents of Victims of Domestic Abuse and as Victims of Domestic Abuse themselves
Chapter 7 – Using Policy Guidance in More Complex Cases
Chapter 8 – Challenging Refusals under the Immigration Rules as a Victim of Domestic Abuse
Chapter 9 – Victims of Domestic Violence Under Appendix EU