Singh, Re Application For Judicial Review [1999] ScotCS 87 (24 March 1999)

Singh, Re Application For Judicial Review [1999] ScotCS 87 (24 March 1999)

The Home Secretary's decision to refuse revocation of the deportation order was reasonable and within policy, as all relevant circumstances, including the welfare of the children and family life, were considered and balanced against the public interest in immigration control. The threshold of 'most exceptional...

Source-derived case information.

Citation
[1999] ScotCS 87
Parties
Petitioner: Malkiat Singh; Respondent: Home Secretary
Jurisdiction
Scotland
Judgment Date
24 March 1999
Procedural Posture
Judicial Review / Final Judgment
Outcome
Petition dismissed
Legal Topics
Deportation, Leave to Remain, Family Life, Judicial Review, Immigration Policy, Children's Welfare
Immigration Law Administrative Law Human Rights Deportation Leave to Remain Family Life Judicial Review Immigration Policy +1 more

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Summary, issues, holding and outcome

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Parties

Malkiat Singh

Petitioner

Home Secretary

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Home Secretary's refusal to revoke a deportation order, in light of family and children's circumstances, was unreasonable or failed to consider relevant policy and compassionate factors.

Ratio Decidendi

The Home Secretary's decision to refuse revocation of the deportation order was reasonable and within policy, as all relevant circumstances, including the welfare of the children and family life, were considered and balanced against the public interest in immigration control. The threshold of 'most exceptional circumstances' was not met.

Court Disposition

Petition dismissed

Orders

  • Second and third pleas-in-law for the respondent sustained
  • Petition dismissed