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Extradition law [2025] HCJAC 48

Appeal under section 26 of the Extradition Act 2003 by Ineta Gavenaite against The Lord Advocate (High Court of Justiciary)

Appeal under section 26 of the Extradition Act 2003 by Ineta Gavenaite against The Lord Advocate (High Court of Justiciary) [2025] HCJAC 48 (28 October 2025)

The court refused an extradition appeal to Lithuania, rejecting Article 3, mental health, and passage-of-time challenges after finding the sheriff had not erred.

  • Article 3 echr
  • Mental health and extradition
  • Passage of time in extradition
  • Mutual recognition of criminal judgments
  • Prison conditions
  • Diminished responsibility
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Immigration law [2022] ScotCS CSIH_16

APPEAL TO THE COURT OF SESSION BY AS (AP) AGAINST A DECISION OF THE UPPER TRIBUNAL (IMMIGRATION AND ASYLUM CHAMBER)

APPEAL TO THE COURT OF SESSION BY AS (AP) AGAINST A DECISION OF THE UPPER TRIBUNAL (IMMIGRATION AND ASYLUM CHAMBER) [2022] ScotCS CSIH_16 (16 March 2022)

The Inner House held there was no general duty on the Secretary of State to investigate the child’s nationality, but the Upper Tribunal erred in procedure and the case was remitted.

  • Asylum
  • Nationality
  • Article 3 echr
  • Article 8 echr
  • Procedural fairness
  • Tribunal procedure
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Extradition law [2022] ScotHC HCJAC_6

THE APPEALS AGAINST A DECISION OF THE SHERIFF OF LOTHIAN AND BORDERS AT EDINBURGH IN THE APPLICATIONS FOR THE EXTRADITION OF JENNIFER AMNOTT, VALERIE PERFECT HAYES AND GARY REBURN

THE APPEALS AGAINST A DECISION OF THE SHERIFF OF LOTHIAN AND BORDERS AT EDINBURGH IN THE APPLICATIONS FOR THE EXTRADITION OF JENNIFER AMNOTT, VALERIE PERFECT HAYES AND GARY REBURN [2022] ScotHC HCJAC_6 (28 January 2022)

The High Court of Justiciary refused extradition appeals, holding that a mandatory US life sentence without parole was neither grossly disproportionate nor irreducible under Article 3 ECHR.

  • Article 3 echr
  • Mandatory life sentence
  • Gross disproportionality
  • Irreducibility of sentence
  • Extradition to non-contracting state
  • Extradition
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Criminal law [2022] ScotHC HCJAC_3

APPEAL UNDER SECTION 26 OF THE EXTRADITION ACT BY KEVIN McGOURTY AGAINST THE LORD ADVOCATE

APPEAL UNDER SECTION 26 OF THE EXTRADITION ACT BY KEVIN McGOURTY AGAINST THE LORD ADVOCATE [2022] ScotHC HCJAC_3 (12 January 2022)

The court refused leave to appeal in an extradition case, holding the sheriff could rely on Irish assurances about prison conditions and no Article 3 breach was shown.

  • Extradition proceedings
  • European arrest warrant
  • Article 3 echr
  • Prison conditions
  • Mutual recognition of judicial decisions
  • Extradition
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Criminal law [2021] ScotCS CSOH_42

PETITION OF BRIAN HANDS AGAINST THE PAROLE BOARD FOR SCOTLAND

PETITION OF BRIAN HANDS AGAINST THE PAROLE BOARD FOR SCOTLAND [2021] ScotCS CSOH_42 (27 April 2021)

The Court of Session refused judicial review of a parole decision, holding that no unlawful release condition was imposed and that Article 3 ECHR was not breached.

  • Parole
  • Life imprisonment
  • Release on licence
  • Article 3 echr
  • Judicial review
  • Life-imprisonment
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Extradition law [2021] ScotHC HCJAC_26

APPLICATION FOR LEAVE TO APPEAL UNDER SECTION 26 OF THE EXTRADITION ACT 2003 BY ILIA ILIEV

APPLICATION FOR LEAVE TO APPEAL UNDER SECTION 26 OF THE EXTRADITION ACT 2003 BY ILIA ILIEV [2021] ScotHC HCJAC_26 (31 March 2021)

Leave to appeal was refused in an extradition case. The court held that Romanian prison-condition concerns were met by specific assurances and that res judicata did not bar extradition.

  • European arrest warrant
  • Article 3 echr
  • Article 8 echr
  • Res judicata
  • Abuse of process
  • Romanian prison conditions
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Immigration law [2020] ScotCS CSIH_72

APPEAL BY SAMAN MAHMOOD RASHED AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

APPEAL BY SAMAN MAHMOOD RASHED AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2020] ScotCS CSIH_72 (09 December 2020)

The Inner House refused an immigration appeal, holding there was no arguable error in the Secretary of State’s conclusion that internal relocation within Iraq remained feasible.

  • Fresh claim under immigration rule 353
  • Internal relocation
  • Asylum
  • Article 2 echr
  • Article 3 echr
  • Qualification directive 2004/83/ec
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Immigration [2020] ScotCS CSOH_83

PETITION OF MR KAMRAN FATHABADI AGAINST THE ADVOCATE GENERAL FOR SCOTLAND

PETITION OF MR KAMRAN FATHABADI AGAINST THE ADVOCATE GENERAL FOR SCOTLAND [2020] ScotCS CSOH_83 (09 September 2020)

The Court of Session refused judicial review of an asylum certification decision, holding the petitioner’s Article 3 claim was bound to fail before the First-tier Tribunal.

  • Article 3 echr
  • Asylum certification
  • Dublin iii regulation
  • Access to medical treatment
  • Presumption of compliance
  • Asylum-certification
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Immigration law [2019] ScotCS CSIH_8

RACHEED, MOHAMMAD RACHEED (AP) AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

RACHEED, MOHAMMAD RACHEED (AP) AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2019] ScotCS CSIH_8 (13 February 2019)

The Inner House quashed a clearly unfounded certificate, holding the Article 3 risk on return to Bulgaria required tribunal assessment of disputed evidence.

  • Asylum
  • Article 3 echr
  • Clearly unfounded certificate
  • Judicial review
  • Dublin iii regulation
  • Article-3-echr
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Immigration law [2018] ScotCS CSOH_76

BH AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

BH AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2018] ScotCS CSOH_76 (13 July 2018)

Judicial review challenging removal to Bulgaria and clear-futility certification was refused; Lord Tyre held the later third-country certificate was a fresh decision.

  • Asylum
  • Third country removal
  • Article 3 echr
  • Clearly unfounded certification
  • Dublin iii regulation
  • Third-country-removal
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.