Domestic Violence on EU National

[haley]

I had a particular question on the following case:

A is an EU national married to B who is a non-EU national.
A has permanent residence in the UK.
B enters the UK on a EEA family permit and within a year obtains a residence card for 5 years (as a dependent: family member of a Union citizen).
A and B have only resided together in the UK for a year.
If B (the non-EU national) commits domestic violence on A (the EU national) and deserts A within a year of marriage, so that B can still live in the UK and work using the dependent residence card:

does this case amount to an abuse of EU rights by B, under regulation 26(1) of the Immigration (EEA) Regulations 2016?

Would the marriage of A and B be considered a "marriage of convenience" as B who is the perpetrator of the domestic abuse continues to reside in the UK on the EU dependent residence card (although separated from A)?