Discretionary Leave to Remain Under Article 8 ECHR

A person can apply for Discretionary Leave to Remain on the basis of Article 8 of the European Convention on Human Rights (ECHR) arguing that his/her removal from the UK will result in breach of the UK's obligation under Article 8 of the ECHR and that interference of the UK Authorities in a person's private and family life will be an unreasonable and disproportionate interference. The Discretionary Leave to Remain is a leave granted by the Secretarary of State outside the Immigration Rules and any exceptional and compassionate circumstances in the case are always a relevant consideration when it is decided whether or not discretion should be exercised to grant Discretionary Leave to Remain.