417. Assessment of article 8 claims.

The Immigration Rules1 are intended to reflect all the factors relevant to the assessment of the requirements of art 82 in relation to an application for leave to enter or remain3. Where a person does not meet the requirements of the Immigration Rules, they may still be granted leave to enter or remain if a refusal would constitute a breach of art 8 in the particular circumstances of their case4.

There are set of statutory public interest considerations to which a court or tribunal is required to have regard in determining whether a decision made under the Immigration Acts5 breaches