The Act does not define the distinction between 'ordinary' hardship
and 'exceptional' hardship. That task is dealt with on a case by
case basis by the Courts.
the courts a certain amount of discretion in determining whether
exceptional hardship has been made out. The Courts, in turn,
have made clear that each exceptional hardship case will
ultimately be decided on its own facts and circumstances
(Carmichael v Shevlin 1992 SLT 113).