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Immigration [2026] CSOH 7

Jarryd Luke Du Plessis (AP) for Judicial Review of decision by Secretary of State for the Home Department (Court of Session)

Jarryd Luke Du Plessis (AP) for Judicial Review of decision by Secretary of State for the Home Department (Court of Session) [2026] CSOH 7 (05 February 2026)

The Court of Session refused a deportation judicial review, holding the petitioner had not shown Exception 1 or 2 under section 117C and the decision was not irrational.

  • Deportation
  • Echr article 8
  • Nationality immigration and asylum act 2002
  • Immigration rules
  • Rationality of administrative decisions
  • Article-8-echr
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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_92

PETITION OF RS AND OTHERS AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

PETITION OF RS AND OTHERS AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2023] ScotCS CSOH_92 (14 December 2023)

The Court of Session held that section 11A of the Tribunals, Courts and Enforcement Act 2007 made the petition for judicial review incompetent and refused the petition.

  • Judicial review
  • Finality of tribunal decisions
  • Competency of petitions
  • Section 11a tribunals courts and enforcement act 2007
  • Judicial-review
  • Tribunal-finality
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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 [2022] ScotCS CSOH_86

(FIRST) A (SECOND)B AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

(FIRST) A (SECOND)B AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2022] ScotCS CSOH_86 (02 December 2022)

The court held that “take care” in Dublin III Article 8(2) does not require an uncle to house unaccompanied minors in the same property.

  • Dublin iii regulation
  • Family reunification
  • Unaccompanied minors
  • Interpretation of 'take care'
  • Policy lawfulness
  • Dublin-iii-regulation
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Immigration [2022] ScotCS CSOH_69

HJ (F/E) AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

HJ (F/E) AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2022] ScotCS CSOH_69 (27 September 2022)

Judicial review of a fresh-claim refusal succeeded after the court held the Home Office failed to apply anxious scrutiny to sur place political activity.

  • Asylum
  • Fresh claim
  • Political activity sur place
  • Risk of persecution
  • Anxious scrutiny
  • Fresh-claim
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Immigration [2022] ScotCS CSOH_21

PETITION OF MYRNA REBUJIO PASIAN AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

PETITION OF MYRNA REBUJIO PASIAN AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2022] ScotCS CSOH_21 (24 February 2022)

The Court of Session reduced a Conclusive Grounds decision on trafficking, holding the respondent had failed to apply anxious scrutiny by omitting a relevant matter.

  • Human trafficking
  • Domestic servitude
  • Asylum
  • Judicial review
  • Procedural fairness
  • Human-trafficking
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Immigration [2022] ScotCS CSOH_1

PETITION OF OA AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

PETITION OF OA AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2022] ScotCS CSOH_1 (07 January 2022)

The Court of Session awarded OA 50% of expenses after a successful unopposed judicial review, finding a fair and reasonable partial award in unusual circumstances.

  • Eu settlement scheme
  • Judicial review
  • Expenses
  • Appeal rights
  • Judicial-review
  • Immigration
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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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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.