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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 law [2017] ScotCS CSOH_41

XL v The Secretary of State for the Home Department

XL v The Secretary of State for the Home Department [2017] ScotCS CSOH_41 (09 March 2017)

Judicial review of a fresh-claim refusal failed. The court held that the Home Secretary had considered the expert report and was entitled to rely on AX country guidance.

  • Asylum
  • Fresh claims
  • Judicial review
  • Internal relocation
  • Risk of persecution
  • Family planning policy (china)
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Immigration law [2015] ScotCS CSOH_155

Alibinu, Re Judicial Review

Alibinu, Re Judicial Review [2015] ScotCS CSOH_155 (13 November 2015)

Judicial review of a refusal to treat further immigration submissions as a fresh human rights claim. The court held the decision-maker had not fully assessed relevant family-life factors.

  • Leave to remain
  • Article 8 echr
  • Family life
  • Fresh claims
  • Best interests of the child
  • Immigration-law
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Immigration law [2015] ScotCS CSOH_112

PG v The Secretary of State for the Home Department

PG v The Secretary of State for the Home Department [2015] ScotCS CSOH_112 (18 August 2015)

Judicial review of a refusal to treat further asylum submissions as a fresh claim was dismissed. The court held that anxious scrutiny had been applied.

  • Asylum
  • Fresh claims
  • Judicial review
  • Risk on return
  • Country guidance
  • Wednesbury unreasonableness
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Immigration law [2015] ScotCS CSIH_31

Ashiq, Re Judicial Review

Ashiq, Re Judicial Review [2015] ScotCS CSIH_31 (28 April 2015)

The Inner House held that any failure to consider Article 8 ECHR outside the Immigration Rules was immaterial and refused judicial review.

  • Article 8 echr
  • Family life
  • Immigration rules (hc 194)
  • Fresh claims
  • Judicial review
  • Article-8-echr
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Immigration law [2015] ScotCS CSOH_3

Opa (Nigeria) (AP), Re Judicial Review

Opa (Nigeria) (AP), Re Judicial Review [2015] ScotCS CSOH_3 (14 January 2015)

The Court of Session held that the petitioner’s further submissions were not a fresh asylum claim because they added no new substantive evidence.

  • Asylum
  • Fresh claims
  • Sexual orientation persecution
  • Immigration rules paragraph 353
  • Refugee convention
  • Fresh-claim
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Immigration [2014] ScotCS CSOH_43

MMM (AP) v Secretary of State for the Home Department

MMM (AP) v Secretary of State for the Home Department [2014] ScotCS CSOH_43 (06 March 2014)

The Court of Session reduced the Secretary of State’s refusal to treat further immigration submissions as a fresh claim, finding a flawed credibility approach and inadequate anxious scrutiny.

  • Fresh claims
  • Article 8 echr
  • Anxious scrutiny
  • Credibility assessment
  • Fresh-claims
  • Article-8-echr
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Immigration law [2010] ScotCS CSOH_121

AM, Re Judicial Review

AM, Re Judicial Review [2010] ScotCS CSOH_121 (26 August 2010)

The Court of Session dismissed a judicial review challenge to a refusal to treat further asylum submissions as a fresh claim under Rule 353.

  • Asylum
  • Judicial review
  • Fresh claims
  • Right of appeal
  • Irrationality
  • Unreasonableness
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Immigration law [2010] ScotCS CSOH_89

SY (AP) (Demoratic Republic of the Congo), Re Judiical Review

SY (AP) (Demoratic Republic of the Congo), Re Judiical Review [2010] ScotCS CSOH_89 (09 July 2010)

The Court of Session refused judicial review of a fresh-claim decision, holding that the new psychological evidence did not create a realistic prospect of success.

  • Asylum
  • Fresh claims
  • Judicial review
  • Credibility assessment
  • Article 3 echr
  • Article 8 echr
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Immigration law [2010] ScotCS CSOH_43

KAM, Re Judicial Review

KAM, Re Judicial Review [2010] ScotCS CSOH_43 (26 March 2010)

The court reduced the Home Secretary’s refusal to treat new material as a fresh asylum claim, finding a material omission and failure to apply anxious scrutiny.

  • Asylum
  • Fresh claims
  • Judicial review
  • Article 8 echr
  • Immigration rules
  • Wednesbury unreasonableness
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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.