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IMMIGRATION: Ishtiaq v Secretary of State for the Home Department [2007] EWCA Civ 386

Date:26 APR 2007

(Court of Appeal; Chadwick, Dyson and Thomas LJJ; 26 April 2007)

Victims of domestic violence should not feel constrained to remain in an abusive relationship for 2 years solely in order to qualify for indefinite leave to remain. In exercising the discretion to decide what evidence of domestic violence to require an applicant to produce in a particular case, under Immigration Rules HC 395, para 289A(iv), the caseworker would usually apply the guidance given in Immigration Directorate Instructions, Chpt 8, s 4, requiring evidence in the form of an injunction, a conviction or a police caution, but if the application provided a reasonable explanation, the case worker should give the applicant an opportunity to provide such other reasonable evidence as she wished to produce.