WebJan 25, 2024 · 15. Even if the Article 8 private life provisions within the Immigration Rules are not met, however, if the refusal of leave would amount to unjustifiably harsh consequences such that it is not proportionate, the appellant can still succeed under Article 8; Agyarko v Secretary of State for the Home Department [2024] UKSC 11 applied. 16. WebFeb 16, 2024 · Exceptional circumstances mean that refusal to leave to enter or leave to remain would breach ECHR Article 8 and result in unjustifiably harsh consequences for the applicant, their partner or a relevant child or another family member involved, this consideration has been brought into the immigration in light pf MM (Lebanon) & Others v …
Briefing: what is leave outside the Rules? - Free Movement
WebNov 8, 2024 · “Unjustifiably harsh consequences” are ones which involve a harsh outcome(s) for the applicant or their family which is not justified by the public interest, … WebMar 6, 2024 · Instead, ‘exceptional’ means circumstances in which refusal of the application could or would result in unjustifiably harsh consequences for the individual or their family such that refusal would not be proportionate under Article 8.”. Likewise, the Family Policy guidance also defines ‘unjustifiably harsh consequences’, as “harsh ... horizon 4 hard charger skill
Family life (as a partner or parent) and exceptional circumstances ...
WebMay 16, 2024 · However, looking at the decision taken, the result would have been the same, and she not having put forward anything which might constitute ‘exceptional circumstances’ as defined in the Instructions, that is unjustifiably harsh consequences for the individual such that the refusal of the application would not be proportionate. WebOct 28, 2024 · ‘Exceptional circumstances’ means circumstances which could or would render refusal of entry clearance or limited leave to remain a breach of ECHR Article 8 (the … The new Unjustifiably Harsh Consequences Test applies in Spouse Visa and Family Member Visa applications, where applicants do not meet the Minimum Income Requirement under Appendix FM Immigration Rules. However, if the Home Office accepts that the refusal could lead to unjustifiably harsh … See more The new Home Office Policy Guidance has set out a Two-Stage Test to be applied in Spouse Visa and Family Member Visa applications in situations when the … See more The Home Office has inserted a new paragraph 21A under Appendix FM-SE Immigration Rules, which sets out where the Minimum Income Requirement is not … See more To make a successful Spouse Visa application you must meet the Home Office’s requirements, we have previously written about the stringent … See more horizon 4 natera