Domestic Abuse: immigration and nationality legal aid

Part of Domestic Abuse Bill – in a Public Bill Committee at 2:00 pm on 17th June 2020.

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Photo of Jess Phillips Jess Phillips Shadow Minister (Home Office) 2:00 pm, 17th June 2020

Let me explain to somebody who may never have filled in a domestic violence destitution fund form or have had to apply the DV rule in this or any of its forms. The reality is that even if someone has a spousal visa, it does not guarantee them indefinite leave to remain. They still have to apply through every single one of the same rules through which they would ordinarily apply—unless the Home Office is changing the policy and saying that anyone who applies will automatically be given leave to remain. That is absolutely not my experience.

There is a problem when I stand here representing my experience of years in the field, and with masses of experience of immigration cases in my constituency—more, I feel safe in saying, than any hon. Member present, except perhaps the hon. Member for Cities of London and Westminster. It is very difficult when Ministers say that what I have experienced is not the case, or that all the victims who have given evidence—some of whom are our friends or family, and certainly our constituents—are wrong to say that the system does not work. There are lists of easements, but the reality on the ground is completely different. I understand what the Minister is saying and certainly what hon. Members want to see with regard to evidence gathering. Lord knows we live in a time when policy is made very quickly, and some people will prove that we needed better evidence for some of it. We live in interesting times. I have absolutely no doubt that that is what is required.

I do not see the point of a review if the evidence is not taken up by the Home Office. Even if all the evidence pointed the other way, I cannot see that the Home Office would come up with a different argument. The desire of all of us for the evidence is a sort of moot point. We are trying in this Bill to protect victims of domestic violence—it’s literally what it says on the tin.