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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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Public law [2024] CSOH 106

Petition of A for Judicial Review (Court of Session)

Petition of A for Judicial Review (Court of Session) [2024] CSOH 106 (26 November 2024)

The Court of Session held that A was a relevant person in children’s hearing proceedings, but the hearing’s decision was unlawful and was reduced.

  • Children's hearings
  • Parental rights
  • Judicial review
  • Echr article 8
  • Interpretation of subordinate legislation
  • Competence of scottish ministers
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Public law [2020] ScotCS CSOH_104

PETITION BY YE HAO YAN or LI BIN YAN AGAINST THE SCOTTISH MINISTERS

PETITION BY YE HAO YAN or LI BIN YAN AGAINST THE SCOTTISH MINISTERS [2020] ScotCS CSOH_104 (18 December 2020)

The Court of Session refused a prisoner’s judicial review of progression and temporary-release refusal, holding the decision was individualized and the deportee exclusions were lawful.

  • Temporary release of prisoners
  • Deportation orders
  • Echr article 5
  • Echr article 8
  • Echr article 14
  • Discrimination
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Immigration law [2017] ScotCS CSOH_59

Amin v The Secretary of State for the Home Department

Amin v The Secretary of State for the Home Department [2017] ScotCS CSOH_59 (05 April 2017)

The Court of Session dismissed an Iraqi asylum seeker’s judicial review, holding the Home Office had applied anxious scrutiny and was entitled to refuse a fresh claim.

  • Asylum
  • Fresh claims
  • Internal relocation
  • Anxious scrutiny
  • Article 15(c) qualification directive
  • Echr article 8
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Immigration [2017] ScotCS CSOH_19

TM v The Secretary of State for the Home Department

TM v The Secretary of State for the Home Department [2017] ScotCS CSOH_19 (03 February 2017)

Judicial review succeeded where the Secretary of State failed to treat the petitioner’s Article 3 claim as a suicide-risk case and did not show anxious scrutiny.

  • Asylum
  • Fresh claim
  • Echr article 3
  • Echr article 8
  • Mental health
  • Risk of suicide
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Human rights [2015] ScotCS CSOH_93

O'Neill, Re Judicial Review

O'Neill, Re Judicial Review [2015] ScotCS CSOH_93 (28 October 2015)

The court refused a judicial review challenge over inter-prison visits, holding the petitioners had not shown a qualifying Article 8 family life or discrimination.

  • Echr article 8
  • Echr article 14
  • Equality act 2010
  • Inter-prison visits
  • Discrimination
  • Prison rules
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Immigration law [2015] ScotCS CSOH_122

PETITIONS OF AFSHIN ADAMIAT (AP) AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

PETITIONS OF AFSHIN ADAMIAT (AP) AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2015] ScotCS CSOH_122 (09 September 2015)

The Court of Session dismissed petitions challenging a refusal to treat further submissions as a fresh asylum claim and the lawfulness of detention pending deportation.

  • Asylum and refugee status
  • Detention pending deportation
  • Fresh claim under immigration rules paragraph 353
  • Unlawful detention
  • Risk of absconding
  • Risk of reoffending
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Immigration [2015] ScotCS CSOH_109

RR, Re Judicial Review

RR, Re Judicial Review [2015] ScotCS CSOH_109 (11 August 2015)

The court refused judicial review of the refusal to treat further submissions as a fresh asylum claim, holding the Secretary of State’s decision was rational and lawful.

  • Asylum
  • Fresh claim
  • Persecution
  • Public law error
  • Anxious scrutiny
  • Refugee status
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Immigration law [2014] ScotCS CSOH_112

MH (AP) FOR JUDICIAL REVIEW OF A DECISION OF THE UPPER TRIBUNAL (IMMIGRATION AND ASYLUM CHAMBER)

MH (AP) FOR JUDICIAL REVIEW OF A DECISION OF THE UPPER TRIBUNAL (IMMIGRATION AND ASYLUM CHAMBER) [2014] ScotCS CSOH_112 (08 July 2014)

Judicial review of refusal of permission to appeal in an asylum case was dismissed. Lord Doherty held the Eba test was not met and no compelling reason arose.

  • Judicial review of tribunal decisions
  • Asylum claims
  • Humanitarian protection
  • Echr article 3
  • Echr article 8
  • Refugee status
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Immigration law [2008] ScotCS CSOH_22

FNG (AP), Re Judicial Review

FNG (AP), Re Judicial Review [2008] ScotCS CSOH_22 (06 February 2008)

Judicial review of certification under section 94(2) of the 2002 Act failed. The court held the petitioner’s Article 3 and Article 8 claims were clearly unfounded.

  • Asylum
  • Deportation
  • Echr article 3
  • Echr article 8
  • Judicial review
  • Nationality, immigration and asylum act 2002
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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.