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Scotland Case Law

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Immigration-law

Jharna Shital Adwani (AP) (FE) for Judicial Review

Judicial review of a refusal in a Tier 1 (Entrepreneur) extension application failed. The court held the COVID-19 concession guidance was qualified and the job-creation evidence was insufficient.

  • Tier-1-(entrepreneur)-extension-application
  • Legitimate-expectation
  • Published-policy-and-guidance
  • Job-creation-requirement
  • Adequacy-of-reasons
  • Wednesbury-irrationality
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Immigration-law

Abdul Munim for Judicial Review

Petition for judicial review of an Upper Tribunal refusal of permission to appeal was refused as incompetent under section 11A of the 2007 Act.

  • Permission-to-appeal
  • Section-11a-of-the-tribunals,-courts-and-enforcement-act-2007
  • Natural-justice
  • Procedural-defect
  • Article-8-echr
  • Upper-tribunal
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Public-law [2026] CSIH 4

Dastan Ibrahimi against Glasgow City Council (Court of Session)

Dastan Ibrahimi against Glasgow City Council (Court of Session) [2026] CSIH 4 (20 January 2026)

The Inner House held an age assessment challenge was not academic, but refused reduction of Glasgow City Council’s decision on reasons, fairness, irrationality and inquiry grounds.

  • Age-assessment
  • Procedural-fairness
  • Adequate-reasons
  • Irrationality
  • Tameside-duty
  • Judicial-review
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Immigration-law [2024] CSOH 101

CD for Judicial Review (Court of Session)

CD for Judicial Review (Court of Session) [2024] CSOH 101 (12 November 2024)

The Court of Session reduced a visitor visa refusal because the decision-maker failed to comply with section 55 child-welfare duties and gave inadequate reasons.

  • Visitor-visa-refusal
  • Judicial-review
  • Best-interests-of-children
  • Section-55-borders,-citizenship-and-immigration-act-2009
  • Adequacy-of-reasons
  • Material-considerations
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Immigration-law [2024] CSOH 88

Petition of A B and C for Judicial Review (Court of Session)

Petition of A B and C for Judicial Review (Court of Session) [2024] CSOH 88 (13 September 2024)

The Court of Session reduced refusal decisions after holding that the Secretary of State gave inadequate reasons for treating further submissions as not amounting to a fresh claim.

  • Judicial-review-of-refusal-to-treat-further-submissions-as-a-fresh-claim
  • Adequacy-of-reasons-in-administrative-decisions
  • Application-of-immigration-rules-paragraph-353
  • Article-8-echr-considerations
  • Judicial-review
  • Immigration-fresh-claim
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Immigration-law [2024] ScotCS CSOH_62

AH FOR JUDICIAL REVIEW OF A DECISION OF THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

AH FOR JUDICIAL REVIEW OF A DECISION OF THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2024] ScotCS CSOH_62 (20 June 2024)

The Court of Session refused judicial review of a skilled worker visa refusal, holding that immigration bail alone was enough to justify refusal.

  • Immigration-bail
  • Skilled-worker-visa
  • Deception-in-immigration-applications
  • Judicial-review-procedure
  • Judicial-review
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Company-law [2024] ScotCS CSOH_53

AZAM, SECRETARY OF STATE FOR BUSINESS AND TRADE FOR A DISQUALIFICATION ORDER IN RESPECT OF

AZAM, SECRETARY OF STATE FOR BUSINESS AND TRADE FOR A DISQUALIFICATION ORDER IN RESPECT OF [2024] ScotCS CSOH_53 (23 May 2024)

The Court of Session granted a six-year disqualification order against Muhammad Azam for deliberately employing illegal workers and exposing his company to an unpaid civil penalty.

  • Director-disqualification
  • Illegal-employment
  • Civil-penalties
  • Fiduciary-duty
  • Company-law
  • Immigration-law
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Immigration-law [2024] ScotCS CSOH_31

AB AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

AB AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2024] ScotCS CSOH_31 (13 March 2024)

The Court of Session reduced a certification that a domestic-violence-related human rights claim was clearly unfounded, holding the claim was not obviously bound to fail.

  • Domestic-violence-concession
  • Article-8-echr
  • Article-14-echr
  • Certification-of-claims-as-clearly-unfounded
  • Judicial-review-of-administrative-decisions
  • Immigration-law
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Public-law [2024] ScotCS CSOH_8

MOHAMMED ISMAEL SULIMAN ABDULLAH FOR JUDICIAL REVIEW

MOHAMMED ISMAEL SULIMAN ABDULLAH FOR JUDICIAL REVIEW [2024] ScotCS CSOH_8 (31 January 2024)

The Court of Session dismissed a judicial review challenge to Aberdeenshire Council’s age assessment, holding the petition incompetent and academic.

  • Age-assessment
  • Judicial-review
  • Declarator-of-age
  • Local-authority-duties
  • Natural-justice
  • Procedural-fairness
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Public-law [2024] ScotCS CSIH_1

GALBRAITH TRAWLERS LTD AGAINST THE ADVOCATE GENERAL FOR SCOTLAND (AS REPRESENTING THE HOME OFFICE)

GALBRAITH TRAWLERS LTD AGAINST THE ADVOCATE GENERAL FOR SCOTLAND (AS REPRESENTING THE HOME OFFICE) [2024] ScotCS CSIH_1 (10 January 2024)

The Inner House refused the appeal, holding that damages for unlawful detention of fishing vessels were not limited to nominal damages on this record.

  • Unlawful-detention-of-property
  • Statutory-interpretation
  • Damages-assessment
  • Causation
  • Procedural-irregularity
  • Unlawful-detention
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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.