PETITION OF HARPREET SINGH FOR JUDICIAL REVIEW [2021] ScotCS CSOH_57 (01 June 2021)

PETITION OF HARPREET SINGH FOR JUDICIAL REVIEW [2021] ScotCS CSOH_57 (01 June 2021)

Scottish Ministers' discretion under section 9 of the 1993 Act is unfettered and not limited to risk within the UK. No legitimate expectation arises from UK Government statements. Reasons given for refusal were legally adequate. Decision was rational and considered relevant factors. Law was sufficiently certain as criteria were communicated to petitioner.

Citation
[2021] ScotCS CSOH_57
Parties
Petitioner: Harpreet Singh; Respondents: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
01 June 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
Petition refused
Legal Topics
Release of Foreign National Prisoners, Deportation, Discretionary Powers, Legitimate Expectation, Legal Certainty, Reasons for Administrative Decisions
Criminal Law Administrative Law Immigration Law Human Rights Law Release of Foreign National Prisoners Deportation Discretionary Powers Legitimate Expectation +2 more

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Parties

Harpreet Singh

Petitioner

Scottish Ministers

Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Scottish Ministers acted unlawfully in refusing to release the petitioner on licence for deportation
  2. 2 Whether there was a breach of legitimate expectation based on UK Government policy
  3. 3 Whether the reasons given for refusal were legally adequate

Ratio Decidendi

Scottish Ministers' discretion under section 9 of the 1993 Act is unfettered and not limited to risk within the UK. No legitimate expectation arises from UK Government statements. Reasons given for refusal were legally adequate. Decision was rational and considered relevant factors. Law was sufficiently certain as criteria were communicated to petitioner.

Court Disposition

Petition refused

Orders

  • First plea in law for respondents sustained
  • Petition refused