HF, Re Juciial Review [2013] ScotCS CSOH_198 (19 December 2013)

HF, Re Juciial Review [2013] ScotCS CSOH_198 (19 December 2013)

The petitioner's claim was based on Mr Y being the father of her expected child, and she failed to prove this due to lack of credibility. The whereabouts of her husband were ancillary and immaterial to the principal issue. The Home Office was not required to trace the husband, and anxious scrutiny does not require the Secretary of State to recover evidence not presented by the appellant. No error of law or compelling reason was demonstrated to justify judicial review.

Citation
[2013] ScotCS CSOH_198
Parties
Petitioner: H F; Respondent: Advocate General
Jurisdiction
Scotland
Judgment Date
19 December 2013
Procedural Posture
Judicial Review / First Hearing on Preliminary Question Regarding Supervisory Jurisdiction
Outcome
petition dismissed
Legal Topics
Asylum Claims, Judicial Review of Tribunal Decisions, Anxious Scrutiny, Burden of Proof, Credibility Assessment
Immigration Law Asylum Law Judicial Review Asylum Claims Judicial Review of Tribunal Decisions Anxious Scrutiny Burden of Proof Credibility Assessment

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 3 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

H F

Petitioner

Advocate General

Respondent

Procedural Posture

Judicial Review / First Hearing on Preliminary Question Regarding Supervisory Jurisdiction

Legal Issues

  1. 1 Whether the Upper Tribunal erred in refusing permission to appeal the First Tier Tribunal's decision on the petitioner's asylum claim
  2. 2 Whether the failure to trace the petitioner's husband constituted a lack of anxious scrutiny amounting to a compelling reason for judicial review

Ratio Decidendi

The petitioner's claim was based on Mr Y being the father of her expected child, and she failed to prove this due to lack of credibility. The whereabouts of her husband were ancillary and immaterial to the principal issue. The Home Office was not required to trace the husband, and anxious scrutiny does not require the Secretary of State to recover evidence not presented by the appellant. No error of law or compelling reason was demonstrated to justify judicial review.

Court Disposition

petition dismissed

Orders

  • petitioner's second plea in law repelled
  • respondent's second plea in law sustained