How Is "Discretion" Exercised In UK Immigration Law?

Discretion is a word that crops up frequently in immigration law: applicants and practitioners will note its appearance in everything from Home Office decision-letters and policy documents to judgments of the Tribunals and the Senior Courts. Generally, it is used in its ordinary sense to mean the freedom to make a choice in a particular situation. In many circumstances, Home Office decision-makers will have a discretion as to the course of action they take – meaning they should take into account all the relevant facts of the case before making their own decision. This stands in contrast to other situations, where the law dictates that they must follow a particular course of action, or come to a particular decision.