Leave outside the Rules—the Secretary of State’s powers and policies
Produced in partnership with Ed Mynott of Edward Mynott Tribunal Advocate
Leave outside the Rules—the Secretary of State’s powers and policies

The following Immigration guidance note Produced in partnership with Ed Mynott of Edward Mynott Tribunal Advocate provides comprehensive and up to date legal information covering:

  • Leave outside the Rules—the Secretary of State’s powers and policies
  • The Immigration Rules and the exercise of discretion
  • Exercising discretion outside the Immigration Rules
  • The Leave Outside the Rules policy
  • The Discretionary Leave policy

This Practice Note considers the power which Home Office caseworkers enjoy to grant leave outside the Immigration Rules, and what policies govern the exercise of that power.

The Practice Note: Making an outside the Rules application covers the factors which will need to be considered when advising clients who may not meet all of the requirements of any category of the Immigration Rules, as well as the main methods of application and whether any remedy is available in the event of a decision to refuse leave or to remove from the UK.

This Practice Note should also be read in conjunction with the Practice Notes on art 8 claims which deal, in more detail, with the Secretary of State’s incorporation of art 8 assessments into the Immigration Rules and the continued need to make a structured assessment with reference to appropriate case law. See Practice Note: Article 8 immigration claims.

The Immigration Rules and the exercise of discretion

In Munir the Supreme Court held that the power to make Immigration Rules under the Immigration Act 1971 (IA 1971) derives from the Act itself and is not an exercise of the (royal) prerogative.

On this point, the court explicitly overruled the previous House of Lords decision in Odelola v SSHD, which had been, until Munir and Alvi, the leading authority on the status of