Ashiq, Re Judicial Review [2015] ScotCS CSIH_31 (28 April 2015)

Ashiq, Re Judicial Review [2015] ScotCS CSIH_31 (28 April 2015)

Any failure by the Secretary of State to consider Article 8 outside the Immigration Rules was immaterial, as no realistic prospect existed of an immigration judge finding removal disproportionate given the facts. The reclaiming motion succeeds and the petition is refused.

Citation
[2015] ScotCS CSIH_31
Parties
Petitioner and Respondent: Asif Ali Ashiq; Respondent and Reclaimer: The Secretary of State for the Home Department
Jurisdiction
Scotland
Judgment Date
28 April 2015
Procedural Posture
Judicial Review / Reclaiming Motion (appeal) From Lord Ordinary's Decision
Outcome
Reclaiming motion allowed; petition refused
Legal Topics
Article 8 ECHR, Family Life, Immigration Rules (hc 194), Fresh Claims, Judicial Review
Immigration Law Human Rights Law Article 8 ECHR Family Life Immigration Rules (hc 194) Fresh Claims Judicial Review

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 16 Party arguments 2
Sign in to unlock

Parties

Asif Ali Ashiq

Petitioner and Respondent

The Secretary of State for the Home Department

Respondent and Reclaimer

Procedural Posture

Judicial Review / Reclaiming Motion (appeal) From Lord Ordinary's Decision

Legal Issues

  1. 1 Whether the Secretary of State erred by failing to consider the petitioner's Article 8 claim outside the Immigration Rules
  2. 2 Whether any such error was material to the outcome
  3. 3 Whether the second letter constituted a proper fresh consideration of Article 8

Ratio Decidendi

Any failure by the Secretary of State to consider Article 8 outside the Immigration Rules was immaterial, as no realistic prospect existed of an immigration judge finding removal disproportionate given the facts. The reclaiming motion succeeds and the petition is refused.

Court Disposition

Reclaiming motion allowed; petition refused

Orders

  • Lord Ordinary’s interlocutor of 2 May 2014 recalled
  • Secretary of State’s third plea in law sustained