First, the decision maker must consider whether the applicant meets the requirements of the Rules and if they do so leave under the Rules should be granted.
If the applicant does not meet the requirements of the Rules, the decision maker must move on to consider whether, considering all the factors raised by the application, there are exceptional circumstances which mean refusal of the application would result in unjustifiably harsh consequences for the applicant or their family such that refusal would not be proportionate under Article 8. If there are exceptional circumstances, leave outside the Rules should be granted. If not, the application should be refused.”
[Emphasis supplied]
- DECISION
- Upper Tribunal
- Representation
- first
- APPENDIX 2
- Whether there would be a significant risk to the child’s health
- Whether the child would be leaving the UK with their parent(s)
- The extent of wider family ties in the UK
- Whether the child is likely to be able to (re)integrate readily into life in another country. Relevant factors include:
- First, the decision maker must consider whether the applicant meets the requirements of the Rules and if they do so leave under the Rules should be granted.