Priya Solanki of One Pump Court joins Adam Pipe for an in-depth discussion about her new book, A Practical Guide to the Law in Relation to Migrant Victims of Domestic Violence. Priya has extensive experience of cases involving gender-based violence and vulnerable clients.
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Hi, and welcome to this latest immigration law conversation. Today I'm joined once again by Priya Solanki. Priya is an expert immigration law barrister, and Priya is here today to talk about a new book she's written.
Priya, thank you once again for joining me. Just for those who don't know you, can you tell us a bit about yourself and what you do?
Firstly, Adam, thank you for having me. I'm Priya Solanki, and I'm a barrister at One Pump Court Chambers in London. I don't usually sound so hoarse—I've got a bit of a sore throat at the moment. I specialize in immigration, asylum, and human rights law, and I've got a particular interest in gender violence cases, including domestic violence, trafficking, and FGM. This is really what has led to me writing a book on the topic of domestic violence and the changes.
Yes, you wrote this new book. You've sort of hinted at what it's about, but could you give us a snapshot of the book and what it covers?
Sure. It covers quite a lot of topics, actually. The book deals with the new concession on migrant victims of domestic abuse, which used to be the Destitution Domestic Violence Concession, and the changes that have been brought in through the new concession.
We also look at the new immigration rules for victims of domestic violence applying for settlement—so that's Appendix Victim of Domestic Abuse. Within that, I look at the immigration rules, the changes in the rules, and I highlight how those changes are either beneficial or not. I also examine how the rules have been interpreted by courts and tribunals.
I look at the evidential requirements in the rules, the authorities, and the updated policy guidance that accompanies these rules. I also delve into the new rules that deal with transnational marriage abandonment, which is a really important issue that has finally been brought into scope within these rules, following a legal challenge to the rules not dealing with this scenario, which was addressed by the courts.
I look at child victims of domestic abuse, and importantly, child dependents of victims of domestic violence. I discuss the different requirements for child dependents and the issues to be careful about in that regard. There's a chapter on challenging adverse decisions, where we look at where we are with rights of appeal, administrative review, and judicial review.
There's also a chapter on Appendix EU for victims of domestic violence, and, importantly, there's a chapter on claims outside the rules. Under the new policy, it is possible to still seek leave even if you don't meet all the requirements of Appendix Victim of Domestic Abuse. So, there's some useful content in there for those individuals.
Yes, I was going to say, when I looked through the book, I found Chapter 7 on using the policy guidance really helpful. It's great to see what concessions are available outside the rules but still within the policy. That was really helpful.
Priya, you started by talking about what used to be the Domestic Violence Concession (DVC), which has now changed. Can you give us a bit more detail on what's changed in relation to the policy?
Yes. For those who aren't familiar with the policy, I'll explain that the concession was introduced to allow victims of domestic violence to apply for three months' leave outside of the rules, so they're able to flee their matrimonial home, claim benefits, and gain access to a refuge.
As many will be aware, when individuals have leave as a spouse or a partner, there's usually a condition attached to their leave that says "no recourse to public funds." There haven't been any negative changes—nobody has lost entitlements or rights under the new concession. Everyone who used to be eligible under the DDVC concession remains eligible under the new concession.
However, the Migrant Victims of Domestic Abuse Concession is broader in terms of who can apply. While the old concession only allowed those who were able to apply for settlement as a victim of domestic violence, the new concession also allows the partner of a student migrant or the partner of a migrant on a work route to seek leave outside the rules for three months.
However, while these individuals are able to apply under this concession, that doesn't mean they can go on to apply for settlement. The chapter of the book that deals with the concession explains how it's really important that individuals get proper advice on their situation before going on to make an application under this concession.
Yeah, I think that's so important. People might rush in, thinking, "Wow, it's expanded, I can get three months' leave to remain outside the rules," without thinking through the consequences of that. In terms of the substantive rules, you hinted earlier that at the start of this year, the rules were consolidated and somewhat expanded into Appendix Victim of Domestic Abuse.
Can you just give us an overview of what the requirements of the rules are now? I appreciate, in this summary video, there's a lot to go through. In your book, you helpfully look at validity, suitability, and eligibility, but just give us a broad overview.
Of course. So, at the start, I'll highlight that there's a chapter on transnational marriage abandonment, and that is a chapter in itself because the rules and the policy are different. For example, there's a different standard of proof for transnational marriage abandonment cases.
I'll also highlight that the requirements for children are different, and they're complicated, and they need to be considered with care. But the general requirements are, firstly, that an individual needs to make a valid application, and this book deals with in detail what that means—so, filling out the right form, paying a fee, fee waivers, biometrics, having the right identity documents, and what to do if you don't have those.
Secondly, there are suitability requirements, so Part 9 of the general grounds of refusal and the exception to that for domestic violence applications. Thirdly, the eligibility requirements include the relationship requirements—having leave in the right route as a partner. That's really important to check, particularly because of this change with the Migrant Victims of Domestic Abuse Concession.
And secondly, demonstrating that the relationship has broken down permanently owing to domestic violence. In that regard, the new rule is contained in VDA 4.2. I think it's important to highlight that this version and this wording of VDA 4.2 is very different from what appeared in EDVR 1.3. The chapter of the book that deals with the requirements of the rules explores this in detail and explains how it's a beneficial change to many applicants.
Yeah, no, that definition is really helpful, and that is a positive change. For people who have followed us this far in the video, let's reward them with some practical tips because I'm sure they want some practical advice from you, Priya. Just in terms of some practical takeaways for people preparing domestic abuse applications, whether it's under the policy, transnational marriage abandonment, or whatever—what would you like to give us in terms of some practical highlights for people?
Okay, so where most applications are refused is on the evidential requirement. It is, of course, very difficult to evidence domestic violence, and that's long been recognized by the courts and tribunals. So, the starting point is: the more evidence that you can gather, the better it's going to be. But, of course, there is this appreciation that it's really very difficult to gather evidence, and the case law acknowledges this, as I say.
So, a good tip is to take a very detailed witness statement from the applicant. It's important that if there's a lack of evidence—so, for example, if they've been to a GP but not disclosed these issues, or they called the police but then once the police got there, they didn't actually raise any allegations of domestic abuse—it's important these issues are grappled with in any statement. That way, the Home Office is able to understand why there's a lack of evidence, and there's case law on why it's so important that those explanations are offered.
Also, it's important for practitioners to remember that the test is whether the relationship has broken down permanently as a result of domestic violence.
Now, relationships are very messy, and they break down for a multitude of reasons. So, it may require really careful thought when going through evidence to explain how it is that the relationship broke down permanently as a result of domestic violence. There's case law on that—LA Pakistan from 2009—which speaks about how evidence must be assessed in the round. The totality of the evidence must be considered, and it must be remembered that even if different reasons are given on a divorce application or before a court, the marriage may still have broken down permanently as a result of domestic violence.
Another tip is to use the policy guidance where it helps you. There's a lot in there now, particularly with the updated guidance, that is very useful, and I've highlighted that at length in the book. Also, remember important decisions like Ishtiaq from the Court of Appeal in 2007, Balakoohi from the High Court in 2012, and Suliman, a more recent decision from 2020. Refer to them in submissions so the Home Office is reminded of what the test actually is when they're looking at the evidence.
Another tip that I'd like to give is to think about the complexities that arise with U.S. leave before jumping into making any application. Also, think about individuals who don't meet the rules and how the policy might assist them with still making an application. All of this is, of course, covered in the book.
No, 100%, and all those cases you referred to, I've seen in the book. The references and the extracts from the cases are there. I think what you say about the witness statement and going into the detail is so important, and it's often overlooked in applications because we know that they're often refused by the Home Office on the basis that it hasn't been established that the relationship was broken down because of domestic violence.
We've talked a lot about the book. Tell people how they can get hold of that and anything else you want to share with us, Priya.
Of course. So, the book is available in a number of places, for example, Waterstones, Wildy's, Amazon—which I think provides delivery within a couple of days—and also on the publisher's website, which is Law Brief Publishing. There's also a free chapter on Law Brief Publishing's website too. So, yes, hopefully, it will be a useful tool for practitioners in preparing applications and also challenging adverse decisions.
That's really helpful, Priya, and for people watching or listening, I've put below this, in the description, a link to Law Brief Publishing where you can get the book and also to the free chapter on the Law Brief Publishing website.
Priya, thank you so much. This is such an important area, and it's such a difficult area often. There are some helpful changes, but also some complexities that the new changes throw up. So, I think what your book does is really help us navigate that in a practical way and help us in preparing successful applications.
Thank you so much, Priya, for joining me again today.
Thank you so much, Adam. Thank you.