Exceptional circumstances or exceptional situations are the conditions required to grant additional powers to a government agency, particularly a government leader or a judge, so as to alleviate, or mitigate, unforeseen or unconventional hardship. The term is commonly used in Australia, where it has been applied in various contexts, most recognizably in relation to special consideration policies for students and drought relief payments for farmers known as Exceptional Circumstances Relief Payments or ECRP. It is similarly used in the law of the United States, particularly in the Immigration and Nationality Act.
Australia
Exceptional Circumstances Relief Payments
The Exceptional Circumstances Relief Payments or ECRP program was established in 1992 and has continued in various forms since. It provides financial assistance to farmers considered to be experiencing exceptional circumstances. Eligibility is generally determined by geographic location; specific areas are considered to be experiencing worse-than-normal drought conditions and, as such, farmers in those areas qualify for assistance. Farm-dependent small businesses may also be eligible for assistance. In February 2009, the Australian GovernmentDepartment of Agriculture, Fisheries and Forestry announced that the payments would continue for an additional 12 months in 52 areas throughout Australia.
Exceptional Circumstances Interest Subsidy
The Australian Government has also established a program to provide low-interest loans via private financial institutions which receive a subsidy from the Government. The program is known as the Exceptional Circumstances Interest Subsidy support scheme. Qualification is based on terms set by the Exceptional Circumstances Relief Payments program.
In the Immigration and Nationality Act of the United States, "he term 'exceptional circumstances' refers to exceptional circumstances beyond the control of the alien." Some authoritative sources refer to the term as "extraordinary circumstances" or "extraordinary situations." It is well-established that, whether in criminal proceedings or in removal proceedings under the INA, miscarriages of justice manifestly constitute "exceptional circumstances" in the United States. In addition to a miscarriage of justice, a fraud upon the court similarly constitutes an exceptional situation for the victim to request an appropriate relief against the perpetrator of the fraud. This is especially true when the case involves an "outrageous governmental misconduct," which must be "so offensive that it shocks the conscience."
Uses elsewhere
The term has been used by various other governments in relation to unconventional circumstances where a head of state is required to make use of reserve powers.
The term has also been used to refer to other extraordinary circumstances which might result in a person acting in a manner not ordinarily accepted as common practice, such as the circumstances described by Dr. Muhammad Hedayetullah in relation to the Islamic prayer, salat.
