Protecting refugees who are victims of domestic violence
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Who
JustRight Scotland are a group of experienced human rights lawyers, working particularly in the areas of migrant, refugee, women and children’s rights. |
The issue
Since 2005 when someone is recognized as a refugee in the UK they are given limited leave of five years rather than an immediate grant of indefinite leave to remain which had previously been the policy of government. This change meant that spouses of refugees entering the UK under the refugee family reunion provisions would no longer be able to rely on the provisions for victims of domestic violence if they separated from an abusive partner. This case challenged this change, arguing that, without it, spouses would be forced to remain in an abusive relationship. |
The case
JustRight Scotland represented the petitioner in the judicial review against the Home Office, titled the case A v SSHD [2016] CSIH 38. The Equality and Human Rights Commission (EHRC) and the UN High Commission for Refugees (UNHCR) intervened to raise issues around refugee and women’s rights. |
AThe outcome
After the Home Office was unsuccessful in seeking leave to appeal to the Supreme Court, this case led to a change in Home Office policy. |
