Legal challenge to Destitute Domestic Violence concession for domestic abuse survivors with pre-settled status 10 May 2023 - Central England Law Centre has been instructed by an individual, GN, to challenge by way of judicial review the lawfulness of the current Destitute Domestic Violence Concession (DDVC) rules and the rules on indefinite leave to remain as a victim of domestic violence in the Immigration Rules (DVILR). GN was subjected to alleged domestic violence at the hands of her husband resulting in the break down of the relationship. Because GN holds pre-settled status under the EU Settlement Scheme she is unable to make an application for limited leave to remain with recourse to public funds under the DDVC rules and/or indefinite leave to remain as a victim of domestic violence. These applications are, with some limited exceptions, only available to victims of domestic violence who holds limited leave to remain as a partner under Appendix FM of the Immigration Rules. The DDVC would have granted GN leave to remain for three months and the ability to access essential services such as welfare benefits and housing assistance. Instead, GN was left destitute and forced to rely on support from her local authority. Central England Law Centre is arguing that GN is being treated less favourably than those who are able to apply under the DDVC and DVILR rules and that this difference in treatment amounts to discrimination contrary to Article 14 European Convention of Human Rights (Protection from Discrimination). An application for permission to apply for judicial review has been submitted to the Administrative Court. In response to GN’s application the Home Office has stated that the Secretary of State is currently reviewing her position regarding the DDVC and DVILR rules. The Secretary of State is due to confirm her position shortly by 16 May 2023. See news article for update 13 June 2023 here.