PW v Secretary of State for the Home Department [2015] ScotCS CSIH_36 (12 May 2015)

PW v Secretary of State for the Home Department [2015] ScotCS CSIH_36 (12 May 2015)

No important point of principle or practice arises as the correct approach to assessing the best interests of the child in immigration cases has been definitively determined in Zoumbas; the Upper Tribunal was entitled to conclude there was no arguable error of law in the First-tier Tribunal's decision, which properly considered the relevant factual and legal issues.

Citation
[2015] ScotCS CSIH_36
Parties
Petitioner and Respondent: PW; Respondent and Reclaimer: Secretary of State for the Home Department
Jurisdiction
Scotland
Judgment Date
12 May 2015
Procedural Posture
Judicial Review / Appeal Against Decree of Reduction Granted by Lord Ordinary
Outcome
reclaiming motion allowed; interlocutor of Lord Ordinary recalled; prayer of petition refused
Legal Topics
Asylum, Judicial Review, Best Interests of the Child, One Child Policy, Article 8 ECHR, Country Guidance, Proportionality, Wednesbury Unreasonableness
Immigration Human Rights Administrative Law Asylum Judicial Review Best Interests of the Child One Child Policy Article 8 ECHR +3 more

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Parties

PW

Petitioner and Respondent

Secretary of State for the Home Department

Respondent and Reclaimer

Procedural Posture

Judicial Review / Appeal Against Decree of Reduction Granted by Lord Ordinary

Legal Issues

  1. 1 Whether the Upper Tribunal's refusal to grant permission to appeal involved an arguable error of law
  2. 2 Whether the case raises an important point of principle or practice regarding assessment of the best interests of the child in immigration cases

Ratio Decidendi

No important point of principle or practice arises as the correct approach to assessing the best interests of the child in immigration cases has been definitively determined in Zoumbas; the Upper Tribunal was entitled to conclude there was no arguable error of law in the First-tier Tribunal's decision, which properly considered the relevant factual and legal issues.

Court Disposition

reclaiming motion allowed; interlocutor of Lord Ordinary recalled; prayer of petition refused

Orders

  • Reclaiming motion allowed
  • Interlocutor of Lord Ordinary recalled