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<p>Section 80A(5) of the Nationality, Immigration and Asylum Act 2002 and section
6(5) of the Illegal Migration Act 2023 set out some examples of what may constitute
exceptional circumstances, relevant to the substantive consideration of asylum claims
and to removal under the Illegal Migration Act to s.80AA(1) listed states (respectively).
These examples are neither exhaustive nor relevant to all cases, and do not purport
to be.</p><p>Exceptional circumstances are not defined or limited in legislation,
but will be considered and applied on a case-by-case basis where it is appropriate.</p><p>When
we commence and implement the wider measures as set out in section 59 of the Illegal
Migration Act 2023, we will provide updated guidance to assist caseworkers in their
consideration of exceptional circumstances, and the wider provisions.</p>
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