Treebhawon and Others (NIAA 2002 Part 5A – Compelling Circumstances Test : Mauritius): UTIAC 9 Jan 2017

UTIAC (I) Where the case of a foreign national who is not an offender does not satisfy the requirements of the Article 8 ECHR regime of the Immigration Rules, the test to be applied is that of compelling circumstances.
(II) The Parliamentary intention underlying Part 5A of NIAA 2002 is to give proper effect to Article 8 ECHR. Thus a private life developed or established during periods of unlawful or precarious residence might conceivably qualify to be accorded more than little weight and s 117B (4) and (5) are to be construed and applied accordingly.
(III) Mere hardship, mere difficulty, mere hurdles, mere upheaval and mere inconvenience, even where multiplied, are unlikely to satisfy the test of ‘very significant hurdles’ in paragraph 276 ADE of the Immigration Rules.


[2017] UKUT 13 (IAC)




England and Wales


Updated: 28 January 2022; Ref: scu.573292