http://ukscblog.com/case-comment-r-agyarko-v-secretary-of-state-for-the-home-department-r-ikuga-v-secretary-of-state-for-the-home-department-2024-uksc-11/ WebJan 24, 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 right to respect for private and family life), because refusal could or would result in unjustifiably harsh consequences for the applicant, their partner or a relevant child, or ...
The Red line: Assessing “proportionality” in Article 8 ECHR family …
WebJul 14, 2024 · Unjustifiably Harsh Consequences. According to the Home Office, “unjustifiably harsh consequences” involve a harsh outcome/s for the applicant or their … 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. pane lievito madre secco
New Home Office Unjustifiably Harsh Consequences Test …
WebAug 2, 2024 · Leave outside the rules on compelling compassionate factors is, broadly speaking, where a refusal of entry clearance or leave to remain in the UK would result in unjustifiably harsh consequences for the applicant or a family member, but which do not render refusal a breach of Article 8, Article 3, refugee convention or other obligations. WebApr 7, 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, including in maintaining effective immigration controls, preventing burdens on the taxpayer, promoting integration and protecting the public and the rights and freedoms of others. 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. pane lievitazione