Case No. UKUT-00063-(IAC)

] 12. GEN.3.2. of Appendix FM is located under the heading ‘Exceptional Circumstances’. GEN.3.2. states, so far as material for this decision: (1) … where an application for entry clearance or leave to enter or remain made under this Appendix, or an application for leave to remain which has otherwise been considered under this Appendix, does not otherwise meet the requirements of this Appendix or Part 9 of the Rules, the decision-maker must consider whether the circumstances in sub-paragraph (2) apply. (2) Where sub-paragraph (1) above applies, the decision-maker must consider, on the basis of the information provided by the applicant, whether there are exceptional circumstances which would render refusal of entry clearance, or leave to enter or remain, a breach of Article 8 of the European Convention on Human Rights, because such refusal would result in unjustifiably harsh consequences for the applicant, their partner, a relevant child or another family member whose Article 8 rights it is evident from that information would be affected by a decision to refuse the application. (3) Where the exceptional circumstances referred to in sub-paragraph (2) above apply, the applicant will be granted entry clearance or leave to enter or remain under, as appropriate, paragraph D-ECP.1.2., D-LTRP.1.2., D-ECC.1.1., D-LTRC.1.1., D-ECPT.1.2., D-LTRPT.1.2., D-ECDR.1.1. or D-ECDR.1.2. 13. The requirements for further leave to remain as a parent are set out in section R-LTRPT of Appendix FM to the Immigration Rules. Paragraph R-LTRPT.1.1. of Appendix FM, so far as relevant, provides: LTRPT.1.1. The requirements to be met for limited leave to remain as a parent are- … (c) … (ii) the applicant meets all of the requirements of Section ELTRPT: Eligibility for leave to remain as a parent … 14. The “Eligibility” requirements include the following: E-LTRPT.2.3. Either- (a) the applicant must have sole parental responsibility for the child or the child normally lives with the applicant and not their other parent (who is a British Citizen or settled in the UK),