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Scotland Case Law

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Immigration [2024] ScotCS CSOH_64

JR AGAINST ADVOCATE GENERAL FOR SCOTLAND

JR AGAINST ADVOCATE GENERAL FOR SCOTLAND [2024] ScotCS CSOH_64 (20 June 2024)

The court granted permission on some judicial review grounds and transferred the petition to the Upper Tribunal, finding discretionary transfer appropriate.

  • Certification of claims as clearly unfounded
  • Transfer to upper tribunal
  • Permission for judicial review
  • Judicial-review
  • Immigration
  • Asylum
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Immigration [2023] ScotCS CSOH_23

AK AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

AK AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2023] ScotCS CSOH_23 (31 March 2023)

The Court of Session reduced an Upper Tribunal refusal after holding that a First-tier Tribunal arguably failed to address expert evidence central to an Algerian asylum claim.

  • Judicial review
  • Asylum claims
  • Credibility assessment
  • Expert evidence
  • Material error of law
  • Judicial-review
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Immigration [2023] ScotCS CSOH_5

AC FOR JUDICIAL REVIEW

AC FOR JUDICIAL REVIEW [2023] ScotCS CSOH_5 (02 February 2023)

The Court of Session refused judicial review of the Upper Tribunal’s refusal of permission to appeal in an asylum case involving a Moroccan petitioner.

  • Asylum claims
  • Credibility assessment
  • Permission to appeal
  • Police protection
  • Internal relocation
  • Expert evidence
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Immigration [2021] ScotCS CSIH_63

APPEAL BY COF (AP) AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

APPEAL BY COF (AP) AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2021] ScotCS CSIH_63 (16 November 2021)

The Court of Session refused an appeal against refusal of permission to proceed with judicial review in an asylum case, finding no legal error in the evidence assessment.

  • Judicial review
  • Permission to appeal
  • Assessment of evidence
  • Duty to verify documents
  • Asylum
  • Judicial-review
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Immigration [2021] ScotCS CSIH_55

APPEAL BY AHT (AP) AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

APPEAL BY AHT (AP) AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2021] ScotCS CSIH_55 (08 October 2021)

The Inner House refused a judicial review appeal in an asylum case, holding that country guidance in IM and AI applied and that expert evidence could not redefine it.

  • Country guidance
  • Risk on return
  • Failed asylum seeker
  • Expert evidence
  • Second appeals test
  • Asylum
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Immigration [2021] ScotCS CSIH_42

PETITION OF BA AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT FOR JUDICIAL REVIEW

PETITION OF BA AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT FOR JUDICIAL REVIEW [2021] ScotCS CSIH_42 (10 August 2021)

The Inner House refused an appeal against refusal of permission to seek judicial review of an Upper Tribunal asylum decision, finding no arguable error of law.

  • Permission to appeal
  • Credibility assessment
  • Trafficking
  • Procedural fairness
  • Second appeals test
  • Asylum
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Immigration [2021] ScotCS CSIH_31

FI (AP) AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

FI (AP) AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2021] ScotCS CSIH_31 (11 June 2021)

The Inner House refused a judicial review appeal challenging refusal of permission to appeal in an asylum case, holding there was no error of law in the credibility assessment.

  • Asylum claims
  • Credibility assessment
  • Judicial review
  • Permission to proceed
  • Asylum-claims
  • Credibility-assessment
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Immigration [2021] ScotCS CSOH_10

AR (AP) AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

AR (AP) AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2021] ScotCS CSOH_10 (27 January 2021)

The Court of Session reduced an Upper Tribunal decision after finding arguable errors in its treatment of key asylum documents and its failure to decide admission of a late appeal.

  • Judicial review
  • Permission to appeal
  • Documentary evidence
  • Anxious scrutiny
  • Standard of proof
  • Procedural fairness
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Immigration [2020] ScotCS CSIH_58

PETITION BY MAJDOULAN SALEH TOBASSI FOR JUDICIAL REVIEW

PETITION BY MAJDOULAN SALEH TOBASSI FOR JUDICIAL REVIEW [2020] ScotCS CSIH_58 (04 September 2020)

The Court of Session refused judicial review of a tribunal asylum decision, holding there was no legal error in credibility findings, document assessment, or the refusal of leave.

  • Refugee status
  • Credibility assessment
  • Document verification
  • Expert evidence
  • Leave to proceed
  • Asylum
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Immigration [2019] ScotCS CSOH_93

MBUYI-BIUMA (AP) FOR JUDICIAL REVIEW

MBUYI-BIUMA (AP) FOR JUDICIAL REVIEW [2019] ScotCS CSOH_93 (19 November 2019)

The Court of Session reduced an Upper Tribunal refusal of permission to appeal, holding that the tribunal arguably erred by not engaging with verification of central asylum documents.

  • Duty to investigate documentary evidence
  • Verification of supporting documents
  • Material error of law
  • Risk assessment in asylum claims
  • Asylum
  • Judicial-review
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.