Schedule 2, Part 1, paragraph 4A(3)

When making an immigration exemption decision, the Secretary of State must take into account all the circumstances of the case, including at least the following— any potential vulnerability of the data subject that is relevant to the decision, all the rights and freedoms of the data subject including the data subject’s Convention rights, and any relevant duties or obligations of the United Kingdom, the Secretary of State or any other person, including— the United Kingdom’s obligations under the Refugee Convention and the Trafficking Convention, any duty under section 55 of the Borders, Citizenship and Immigration Act 2009 (duty regarding the welfare of children), and the need to ensure compliance with the UK GDPR.

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Source: legislation.gov.uk · retrieved 2026-09-04