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Immigration law [2022] ScotCS CSOH_72

KTT FOR JUDICIAL REVIEW OF A DECISION OF THE UPPER TRIBUNAL

KTT FOR JUDICIAL REVIEW OF A DECISION OF THE UPPER TRIBUNAL [2022] ScotCS CSOH_72 (04 October 2022)

The Court of Session held that the Upper Tribunal may have erred in refusing permission to appeal in an asylum case, and reduced that refusal.

  • Judicial review of tribunal decisions
  • Assessment of credibility in asylum claims
  • Verification of documentary evidence
  • Holistic evidence assessment
  • Procedural fairness
  • Asylum-claims
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Immigration law [2022] ScotCS CSIH_21

RECLAIMING MOTION BY SM AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

RECLAIMING MOTION BY SM AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2022] ScotCS CSIH_21 (26 April 2022)

The Inner House held that the Home Secretary applied the correct paragraph 353 test when refusing to treat further asylum submissions as a fresh claim.

  • Fresh claim under immigration rules paragraph 353
  • Judicial review of home office decisions
  • Standard for 'realistic prospect of success'
  • Application of anxious scrutiny
  • Interpretation of policy instructions
  • Asylum-law
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Immigration law [2021] ScotCS CSOH_114

PETITION OF TIEN THUY HOANG FOR JUDICIAL REVIEW

PETITION OF TIEN THUY HOANG FOR JUDICIAL REVIEW [2021] ScotCS CSOH_114 (05 November 2021)

The court refused judicial review of the Upper Tribunal’s refusal of permission to appeal in an asylum case, finding no error of law in the tribunal’s reasoning.

  • Judicial review of upper tribunal decision
  • Permission to appeal
  • Assessment of factual findings
  • Risk on return (asylum)
  • Weight of expert evidence
  • Judicial-review
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Immigration law [2021] ScotCS CSIH_51

APPEAL BY BFH AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT FOR JUDICIAL REVIEW

APPEAL BY BFH AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT FOR JUDICIAL REVIEW [2021] ScotCS CSIH_51 (05 October 2021)

The Inner House refused BFH’s appeal, holding that no error of law was shown in the Upper Tribunal’s refusal of permission to appeal in an asylum judicial review.

  • Second appeals test
  • Error of law
  • Credibility assessment
  • Asylum refusal
  • Permission to proceed
  • Honour killing risk
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Immigration law [2021] ScotCS CSIH_43

PETITION BY HMH AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

PETITION BY HMH AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2021] ScotCS CSIH_43 (10 August 2021)

The Inner House refused an appeal in an asylum judicial review, holding that the tribunal's adverse credibility findings were open to it and no error of law was shown.

  • Credibility assessment in asylum claims
  • Country guidance application
  • Permission to appeal
  • Error of law
  • Internal relocation
  • Echr protection
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Immigration law [2021] ScotCS CSIH_26

APPEAL BY MR SAMI KAREEM ALSHAMMARI AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

APPEAL BY MR SAMI KAREEM ALSHAMMARI AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2021] ScotCS CSIH_26 (30 April 2021)

The Inner House allowed an immigration judicial review appeal, holding there was an arguable error in how corroborative witness evidence was assessed.

  • Judicial review
  • Permission to proceed
  • Credibility assessment
  • Asylum claims
  • Second appeals test
  • Judicial-review
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Immigration law [2020] ScotCS CSOH_108

DXL v The Secretary of State for the Home Department

DXL v The Secretary of State for the Home Department [2020] ScotCS CSOH_108 (23 December 2020)

Court of Session refused judicial review challenging the Upper Tribunal’s refusal of permission to appeal in an asylum and human trafficking claim.

  • Judicial review of tribunal decisions
  • Credibility assessment
  • Human trafficking
  • Asylum appeals
  • Article 8 echr
  • Asylum-appeals
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Immigration law [2020] ScotCS CSIH_54

APPEAL BY HUSSAIN MUBARAK AL-ENEZI AND ANOTHER AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

APPEAL BY HUSSAIN MUBARAK AL-ENEZI AND ANOTHER AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2020] ScotCS CSIH_54 (21 August 2020)

The Inner House refused an appeal against refusal of judicial review permission, holding that the tribunal properly assessed the credibility of evidence on undocumented Bidoon status.

  • Judicial review
  • Permission to proceed
  • Credibility assessment
  • Statelessness
  • Asylum claims
  • Asylum-law
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Immigration law [2020] ScotCS CSIH_53

APPEAL BY HUAN YU AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

APPEAL BY HUAN YU AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2020] ScotCS CSIH_53 (21 August 2020)

The Inner House refused a judicial review appeal in an asylum case, holding that the tribunal had adequately considered the evidence and given sufficient reasons.

  • Asylum credibility assessment
  • Judicial review standards
  • Adequacy of reasons
  • Membership of banned religious group
  • Asylum-credibility-assessment
  • Judicial-review-adequacy-of-reasons
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Immigration law [2020] ScotCS CSIH_35

APPEAL BY DO AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

APPEAL BY DO AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2020] ScotCS CSIH_35 (19 June 2020)

The Court of Session refused an asylum appellant’s appeal against refusal of permission to judicially review an Upper Tribunal decision, finding no material error or compelling reason.

  • Asylum refusal
  • Judicial review permission
  • Adequacy of reasons
  • Risk on return
  • Witchcraft accusations
  • State protection
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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.