415. Discretionary leave.

(5)     Discretionary Leave, Restricted Leave and Article 8

415.     Discretionary leave.

The discretionary leave policy, which is issued by the Home Office1, sets out the circumstances where it may be appropriate to grant 'discretionary leave' to applicants outside the Immigration Rules2. The policy states that it is intended to cover exceptional and compassionate circumstances and should be used sparingly3.

Examples given of where it may be appropriate to grant discretionary leave are:


    (1)     serious medical cases where the applicant claims removal will breach his rights under art 3 and/or art 8 of the European Convention on