TL No 2 (AP), Re Judicial Review [2011] ScotCS CSOH_196 (25 November 2011)

TL No 2 (AP), Re Judicial Review [2011] ScotCS CSOH_196 (25 November 2011)

The application is incompetent insofar as it seeks reduction on the basis of factual error and declarators of birth date; the Court of Session's supervisory jurisdiction is limited to reviewing decision-making process, not merits or status declarators. The age assessment by Angus Council was Merton-compliant and no practical benefit would result from quashing it. Transfer to the Upper Tribunal is not permitted under Scottish law as the application calls into question an immigration decision.

Citation
[2011] ScotCS CSOH_196
Parties
Petitioner: TL [Assisted Person] No 2; First Respondent: Angus Council; Second Respondent: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
25 November 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Petition refused
Legal Topics
Age Assessment, Judicial Review Procedure, Competency of Application, Transfer to Upper Tribunal, Children (scotland) Act 1995, Immigration Acts
Administrative Law Immigration Law Child Welfare Law Age Assessment Judicial Review Procedure Competency of Application Transfer to Upper Tribunal Children (scotland) Act 1995 +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

TL [Assisted Person] No 2

Petitioner

Angus Council

First Respondent

Glasgow City Council

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Court of Session should determine age assessment cases
  2. 2 Whether the application is competent for judicial review
  3. 3 Whether the case should be transferred to the Upper Tribunal

Ratio Decidendi

The application is incompetent insofar as it seeks reduction on the basis of factual error and declarators of birth date; the Court of Session's supervisory jurisdiction is limited to reviewing decision-making process, not merits or status declarators. The age assessment by Angus Council was Merton-compliant and no practical benefit would result from quashing it. Transfer to the Upper Tribunal is not permitted under Scottish law as the application calls into question an immigration decision.

Court Disposition

Petition refused

Orders

  • Application for transfer to Upper Tribunal refused
  • Application for reduction of age assessment on factual error and declarator of birth date refused