Home Office admits breaching Article 14 ECHR by discriminating against victim of domestic abuse with pre-settled status

11 December 2023 - The Home Office has agreed to settle a case brought by a survivor of domestic violence on 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).

Just days before the final judicial review was due to be heard in the Birmingham administrative court, the Home Office agreed to settle the Law Centre's client’s claim (see previous article for details).  

The heart of the agreement acknowledges that the Defendant breached the client’s rights under Article 14 of the European Convention on Human Rights, in conjunction with Article 8. The Defendant's actions led to a situation where the client, recognised as a victim of domestic violence with pre-settled status under Appendix EU, faced less favourable treatment than a victim with limited leave under Appendix FM because she was unable to access the Destitute Domestic Violence Concession (DDVC) nor was she able to apply for indefinite leave to remain.  

The specific terms of the settlement also dictate that the Secretary of State will review the DDVC policy and use reasonable endeavours to publish the outcome of this review by 16 May 2024 (for update see here).  Importantly, our client has liberty to restore proceedings if the review has not been completed. 

The admitted Article 14 rights breach provides a basis for a claim of discrimination against the Home Office for others in similar circumstances to our client and a potential claim for interim relief for those who are currently destitute and without any access to alternative support such as section 17.  

For a copy of the sealed consent order and statement of reasons please see here. 

Please contact the Public Law team at the law centre for support with any cases relating to the ruling: [email protected]