Manisha Marwaha represented the Secretary of State for the Home Department in the Court of Appeal (Civil Division)

Manisha Marwaha appeared on behalf of the Secretary of State for the Home Department (SSHD) in an application for permission to appeal a refusal by the Upper Tier (Immigration and Asylum Chamber) to permit the applicant to bring judicial review proceedings. The decision at the centre of the proceedings concerned a refusal by the SSHD of the applicant’s application for settlement under the Domestic Violence provisions of the Immigration Rules.

The SSHD maintained the applicant had failed to provide sufficient documentary evidence to demonstrate his marriage had broken down as a result of domestic violence. The SSHD further maintained that a procedurally fair process had been followed, notwithstanding the five year delay in the provision of the decision. Manisha was able to demonstrate that not only had the correct rules and guidance been applied at the time of the decision but further ample additional opportunities had been provided to the applicant to provide updating evidence; which did not require an interview being granted to the applicant. Manisha accordingly demonstrated a detailed working knowledge of the Immigration Rules and applicable Victims of Domestic Violence Caseworker Guidance both at the date of application and date of decision, all of which was required to effectively address the issue concerning procedural fairness.

The Court of Appeal, whilst disagreeing with the SSHD’s analysis of the evidence, determined that any ground advanced by the applicant on the basis of procedural unfairness was unarguable.