Discretionary Leave

miay be granted to an applicant:

has an Article 8

IND Guidance on discretionary leave Home Office guide to the use of discretionary leave in Article 8 situations

Has an Article 3

Minor

those who were excluded from HP and asylum

if they demonstrated Compelling reasons why removal would not be app

Secretary of State for the Home Department v R(S) [2007] EWCA Civ 546 (19 June 2007)  delay
Lord Justice Carnwath :
"36. I have no doubt that this claimant has not been treated fairly and that there has been a failure to deal with his claim efficiently. A delay of 4 ½ years is on any view excessive. People cannot be expected to put their lives on hold, particularly if they are young. The claimant was when he arrived in genuine need of protection and he has been condemned to a cruel limbo of worry and uncertainty over his future. He has now been here for over 7 years and on any view has established himself as a good worker and, it seems, a model citizen. He has seen his cousin and others granted ILR which has been denied to him because his claim was not dealt with earlier…"
   
 


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