Singh (AP) v The Secretary of State for the Home Department [2017] ScotCS CSIH_43 (07 July 2017)

Singh (AP) v The Secretary of State for the Home Department [2017] ScotCS CSIH_43 (07 July 2017)

The Lord Ordinary was entitled to conclude that the material submitted did not create a realistic prospect of success for a fresh human rights claim, as the family life and marriage were developed in full knowledge of the petitioner's precarious immigration status, and no exceptional circumstances were demonstrated to outweigh the public interest in immigration control.

Citation
[2017] ScotCS CSIH_43
Parties
Petitioner and Reclaimer: Sukhdeep Singh (AP); Defender and Respondent: The Secretary of State for the Home Department
Jurisdiction
Scotland
Judgment Date
07 July 2017
Procedural Posture
Judicial Review / Reclaiming Motion (appeal) Against Refusal of Petition
Outcome
Reclaiming motion refused; interlocutor of the Lord Ordinary upheld; petition refused.
Legal Topics
Article 8 ECHR, Family Life, Rule 353 Immigration Rules, Section 117 B Nationality, Immigration & Asylum Act 2002, Proportionality Assessment
Immigration Law Human Rights Law Article 8 ECHR Family Life Rule 353 Immigration Rules Section 117 B Nationality, Immigration & Asylum Act 2002 Proportionality Assessment

Case Brief

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Parties

Sukhdeep Singh (AP)

Petitioner and Reclaimer

The Secretary of State for the Home Department

Defender and Respondent

Procedural Posture

Judicial Review / Reclaiming Motion (appeal) Against Refusal of Petition

Legal Issues

  1. 1 Whether the Lord Ordinary erred in law in refusing the petition for judicial review
  2. 2 Whether new material submitted by the petitioner created a realistic prospect of success for a fresh human rights claim
  3. 3 Proper application of section 117B of the Nationality, Immigration & Asylum Act 2002 in the context of precarious family life

Ratio Decidendi

The Lord Ordinary was entitled to conclude that the material submitted did not create a realistic prospect of success for a fresh human rights claim, as the family life and marriage were developed in full knowledge of the petitioner's precarious immigration status, and no exceptional circumstances were demonstrated to outweigh the public interest in immigration control.

Court Disposition

Reclaiming motion refused; interlocutor of the Lord Ordinary upheld; petition refused.

Orders

  • First plea in law for the respondent sustained
  • Petition refused