Significant Concession made by the Home Office in Discriminating against Child Victim of Abuse

We act for a young person who arrived in the UK as a minor on a dependent skilled worker visa with their sponsor parent. Our client was unfortunately a victim of domestic abuse at the hands of their parent. We applied to the Home Office to the Migrant Victim of Domestic Abuse Concession (MVDAC) which allows for victims of abuse to obtain three months’ leave to remain in the UK with the ability to apply for benefits.

The Home Office refused us as the MVDAC does not apply to dependent children in their own right. The MVDAC only allows for partners of the abuser and their dependent child to make an application. We challenged this and lodged a judicial review application against the Secretary of State for the Home Department. We were granted leave to progress with the judicial review on this ground as well as a challenge to overarching rules against Appendix VDA which is a challenge to the rules on longer term protections for victims of abuse to achieve indefinite leave to remain.

The Home Office in the course of these proceedings made a significant concession. They conceded that they discriminated against our client and that they would review the MVDAC policy to ensure that child victims of abuse who are in the UK on dependent visas are protected. The rest of the challenge is to be heard in the High Court in Belfast on 23 February relating to the overarching challenge to the Immigration Rules.

Partner

Sinead Marmion

Partner

Peter Corrigan

Trainee Solicitor

Alannah Faulkner

Partner

Sinead Marmion

Sinead is a Senior Associate with expertise in dealing with asylum and immigration cases. She has an LLM in Human Rights Law at Queen’s University Belfast and is fluent in French. 

Sinead has built up an expertise in immigration and asylum work, with specialism in unaccompanied children’s claims. 

Judicial Review

Sinead has specialism in public law challenges in immigration cases through judicial review. She has successfully challenged the Home Office’s decision in respect of a minor asylum-seeker’s age assessment, which is the first of its kind in the jurisdiction. She has a number of judicial review challenges ongoing in respect of the Home Office’s delays in deciding asylum claims within a reasonable time. She is also acting in the first challenge in Northern Ireland in respect of how the rights of asylum seekers interact with the rights enshrined in Article 2 of the Northern Ireland Protocol. Sinead is acting in a judicial review against the PPS in the Divisional Court in respect of a failure to prosecute forced labour and slavery of fishermen in a Northern Irish port, which is also the first case of its kind in Northern Ireland. She is instructed in a number of judicial reviews against the Home Office in their failure to recognise her client as victims of trafficking. She has also acted in appeals from the High Court to the Court of Appeal.

Tribunals

She has represented clients at the First tier Tribunal, Upper Tribunal, and Asylum Support Tribunal. This includes successful challenges to refusals of asylum in LGBT cases, political persecution cases and religious persecution cases. She has also had successes in challenging refusals of granting of residence cards by the Home Office on derivative rights of residence cases through the Zambrano route. Sinead has also represented clients who have faced destitution due to unlawful refusals to grant asylum support through representation at the Asylum Support Tribunal. 

Sinead also provides legal support on family and criminal defence cases arising from her immigration work. 

Advice

She works closely with Barnardo’s Independent Guardian Service in dealing with cases for unaccompanied minors. Sinead also works with victims of trafficking and modern slavery and works closely with Flourish NI. Sinead is also retained by South Tyrone Empowerment Programme (STEP), which is Northern Ireland’s largest migrant organisation run by veteran civil rights activist, Bernadette McAliskey. Through her work with STEP, Sinead advises on complex cases involving Europeans and their family members applying to the European Settlement Scheme. 

Sinead has experience in a wide range of immigration related matters including; entry clearance, family reunion, spouse and fiancé visas, family visas, European Economic Area (EEA), visit visas, and settlement and naturalisation applications. 

Sinead obtains instruction from clients who are in detention in Larne House Detention Centre, often facing removal and deportation. This can lead to bail applications, asylum claims, judicial review,  urgent injunctions, and unlawful detention claims. 

Membership

Sinead has assisted on setting up the first Northern Ireland regional working group for the Immigration Law Practitioners’ Association (ILPA).

She is also Chair of the Law Society’s Immigration Practitioners’ Group. 

Sinead has recently been appointed as Module Coordinator for the Immigration module on the Public Law & Tribunals course in the Institute of Professional Legal Studies in Queen’s University Belfast. 

Sinead is a member of Phoenix Law’s wellbeing committee.

Partner

Peter Corrigan

Trainee Solicitor

Alannah Faulkner

Alannah Faulkner is a Trainee Solicitor at Phoenix Law, currently undertaking her solicitor training at the Institute of Professional Legal Studies (IPLS), Queen’s University Belfast. She is developing expertise in immigration, asylum, and public law, with a strong commitment to defending the rights of migrants, refugees, and victims of exploitation. 

Alannah graduated with a 2:1 in Law (LLB) in 2020, and then went on to completing a Master’s in Law and Technology, awarded with Commendation.  

Legal Experience & Casework 

As part of her training at Phoenix Law, Alannah is actively involved in: 

  • Assisting with asylum and protection claims, including cases involving unaccompanied minors, LGBTQ+ persecution, and religious or political persecution. 
  • Supporting judicial review proceedings against the Home Office, especially those concerning age assessments, systemic delays, and victim of trafficking recognition. 
  • Preparing applications for entry clearance, family reunion, indefinite leave to remain, and EU Settlement Scheme cases. 
  • Assisting in cases involving clients detained in Larne House Detention Centre, many of whom are facing removal or deportation.  
  • Handling appeals in the First-tier Tribunal and Upper Tribunal, advocating for clients through complex immigration proceedings. 

Alannah plays a key role in supporting the firm’s community-focused legal work, including: 

  • Working alongside Barnardo’s Independent Guardian Service in cases involving unaccompanied asylum-seeking children. 
  • Supporting survivors of modern slavery and trafficking through collaboration with Flourish NI. 

Currently completing her solicitor training through IPLS, Alannah brings a thoughtful, rights-focused approach to her work. Her training includes exposure to both strategic litigation and everyday casework, giving her a well-rounded foundation for practice. 

She is passionate about human rights, public law, and immigration reform, and is committed to using the law as a tool for meaningful change. 

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