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.
