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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-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 [2019] ScotCS CSOH_67

GC AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

GC AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2019] ScotCS CSOH_67 (06 September 2019)

Judicial review of a refusal to treat further submissions as a fresh asylum claim. The court held the Zimbabwe violence reports did not create a realistic prospect of success.

  • Fresh-claim
  • Asylum
  • Sexual-orientation
  • Persecution
  • Country-guidance
  • Anxious-scrutiny
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Immigration-law [2019] ScotCS CSIH_24

AJR, APPEAL BY AJR AGAINST A DECISION OF THE UPPER TRIBUNAL

AJR, APPEAL BY AJR AGAINST A DECISION OF THE UPPER TRIBUNAL [2019] ScotCS CSIH_24 (28 March 2019)

The Court of Session allowed AJR’s appeal against an Upper Tribunal asylum decision and remitted the case for reconsideration, focusing on Iraqi return documentation and internal relocation.

  • Internal-relocation
  • Country-guidance
  • Documentation-for-returnees
  • Humanitarian-protection
  • European-convention-on-human-rights
  • Asylum-law
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Immigration-law [2019] ScotCS CSIH_13

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

MA (AP) AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2019] ScotCS CSIH_13 (12 March 2019)

Scottish Court of Session appeal on asylum risk from sur place political activity in the UK was refused. The court held there was no error of law in the tribunals’ fact findings.

  • Asylum
  • Sur-place-activities
  • Standard-of-proof
  • Risk-of-persecution
  • Country-guidance
  • Evidence-assessment
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Immigration-law [2019] ScotCS CSIH_5

YC, RECLAIMING MOTION BY YC AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

YC, RECLAIMING MOTION BY YC AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2019] ScotCS CSIH_5 (31 January 2019)

The Inner House refused a reclaiming motion by a Chinese asylum seeker, holding that excerpts from another case’s expert evidence could not displace existing country guidance.

  • Country-guidance
  • Fresh-claim-under-immigration-rules
  • Admissibility-of-evidence
  • Res-judicata
  • Expert-evidence
  • Procedural-law
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Immigration-law [2018] ScotCS CSOH_58

XL, APPLICATION BY AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT FOR JUDICIAL REVIEW

XL, APPLICATION BY AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT FOR JUDICIAL REVIEW [2018] ScotCS CSOH_58 (10 May 2018)

The Court of Session refused permission for judicial review, holding that extracts from another case’s expert evidence could not found a fresh claim or defeat country guidance.

  • Fresh-claim-under-immigration-rules
  • Country-guidance-cases
  • Use-of-third-party-expert-reports
  • Judicial-review-permission-threshold
  • Immigration-law
  • Judicial-review
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Immigration-law [2018] ScotCS CSOH_40

YC AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

YC AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2018] ScotCS CSOH_40 (17 April 2018)

Judicial review of a refusal to treat further submissions as a fresh asylum claim. The court held the petitioner could not rely on excerpts from YZ to displace existing country guidance.

  • Asylum
  • Fresh-claim
  • Country-guidance
  • Family-planning-policy
  • Article-3-echr
  • Forced-sterilisation
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Immigration [2018] ScotCS CSIH_16

MMY, APPEAL BY AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

MMY, APPEAL BY AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2018] ScotCS CSIH_16 (20 March 2018)

Appeal allowed after the Court held that the Upper Tribunal inadequately reasoned its rejection of evidence on Eastern Lightening and failed to address concealment under HJ (Iran).

  • Refugee-status
  • Religious-persecution
  • Country-guidance
  • Error-of-law
  • Asylum-eligibility
  • Religious-freedom
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Immigration [2017] ScotCS CSOH_134

MA v SECRETARY OF STATE FOR THE HOME DEPARTMENT

MA v SECRETARY OF STATE FOR THE HOME DEPARTMENT [2017] ScotCS CSOH_134 (24 October 2017)

Judicial review of refusal of permission to appeal in an asylum case was refused. The court held the tribunal’s low-level activity findings were open to it.

  • Asylum
  • Country-guidance
  • Judicial-review
  • Eba-test
  • Kurdish-political-activity
  • Risk-on-return
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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.