Gherson Succeeds In Appeal On Behalf Of Victim Of Domestic Violence

Gherson has succeeded in an appeal on behalf of a victim of domestic violence who was refused Indefinite Leave to Remain in the UK by the UK Border Agency.

Our client, who had arrived into the UK in 2007 on a two year probationary period spouse visa, started to experience domestic violence at the hands of her husband soon after arriving into the UK. The UK Border Agency refused to grant her application for Indefinite Leave to Remain on the basis that our client had failed to prove that domestic violence had taken place.

On appeal, the Immigration Judge found that our client had been a credible witness and that the account of domestic violence (which includes verbal, emotional and physical abuse) was credible. The Immigration Judge also found that the witnesses in the appeal hearing, one of whom had witnessed this domestic violence, were credible. Finally, the Immigration Judge acknowledged and accepted the expert report which had been relied on in this case and found that it added to our clients credibility.

It is stressed that although the Courts are not restricted in the evidence that they may consider in domestic violence appeals, it is important that any appeal is carefully prepared.

Gherson has particular expertise in handling applications and appeals on behalf of
victims of domestic violence.