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Scotland Case Law

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Immigration law [2018] ScotCS CSOH_87

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

OCHIEMHEN (AP) AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2018] ScotCS CSOH_87 (17 August 2018)

The Court of Session reduced a Home Office curtailment decision because it failed to show discretion was considered and gave inadequate reasoning on entrepreneurship.

  • Curtailment of leave to remain
  • Exercise of discretion
  • Entrepreneur visa
  • Judicial review
  • Home office policy guidance
  • Immigration-law
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Immigration law [2017] ScotCS CSOH_130

FELBER & Anor v THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

FELBER & Anor v THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2017] ScotCS CSOH_130 (19 October 2017)

Judicial review of an ILR refusal under the Tier 1 (Entrepreneur) route failed; the court held the jobs had to exist during the extension period.

  • Indefinite leave to remain
  • Tier 1 (entrepreneur) visa
  • Interpretation of immigration rules
  • Exercise of discretion
  • Transitional provisions
  • Indefinite-leave-to-remain
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Immigration law [2015] ScotCS CSOH_108

Muchena v The Secretary of State for the Home Department

Muchena v The Secretary of State for the Home Department [2015] ScotCS CSOH_108 (11 August 2015)

Judicial review of a section 96 certification was dismissed. The court held the Secretary of State failed to expressly address discretion, but the error was immaterial.

  • Deportation
  • Certification under section 96
  • Right of appeal
  • Exercise of discretion
  • Article 8 echr
  • Family life
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Administrative law [2011] ScotSC 111

DUNCAN WILSON v. GLASGOW CITY COUNCIL

DUNCAN WILSON v. GLASGOW CITY COUNCIL [2011] ScotSC 111 (22 June 2011)

Sheriff Court appeal refusing renewal of a private hire car driver’s licence was dismissed as the committee’s decision was not unreasonable.

  • Private hire car driver's licence
  • Fit and proper person test
  • Exercise of discretion
  • Reasonableness of licensing authority decision
  • Licensing-law
  • Private-hire-licence
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Administrative law [1999] ScotCS 272

Jamieson, Re Application for Judicial Review

Jamieson, Re Application for Judicial Review [1999] ScotCS 272 (16 November 1999)

The Court of Session held that the Criminal Injuries Compensation Board was entitled to refuse compensation because the applicant’s post-assault conduct justified withholding an award.

  • Judicial review
  • Compensation for criminal injuries
  • Exercise of discretion
  • Conduct of applicant
  • Absolute discharge
  • Judicial-review
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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.