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Scotland Case Law

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Education law [2026] CSIH 17

Leo Bruce Huisman against University of the Highlands and Islands and another (Court of Session)

Leo Bruce Huisman against University of the Highlands and Islands and another (Court of Session) [2026] CSIH 17 (01 April 2026)

The Court of Session refused a reclaiming motion challenging higher tuition fees for a British citizen who fled South Africa, holding he was not analogous to excepted students.

  • Tuition fees
  • Discrimination
  • Right to education
  • Statutory interpretation
  • Humanitarian protection
  • Tuition-fees
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Immigration law [2022] ScotCS CSOH_32

FAZAL AHAD FOR JUDICIAL REVIEW

FAZAL AHAD FOR JUDICIAL REVIEW [2022] ScotCS CSOH_32 (08 April 2022)

Judicial review of a refusal of permission to appeal and removal directions failed. The court held there was no arguable legal error and no duty to give further reasons for removal to Pakistan.

  • Asylum
  • Subsidiary protection
  • Humanitarian protection
  • Judicial review
  • Removal directions
  • Credibility assessment
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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 [2021] ScotCS CSIH_15

CM FOR JUDICIAL REVIEW OF A DECISION OF THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

CM FOR JUDICIAL REVIEW OF A DECISION OF THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2021] ScotCS CSIH_15 (24 February 2021)

The Inner House reduced an Upper Tribunal refusal of permission to appeal in an asylum judicial review, holding the risk assessment and evidence on identification were arguably flawed.

  • Asylum
  • Refugee status
  • Humanitarian protection
  • Persecution
  • Political opinion
  • Error of law
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Immigration [2021] ScotCS CSOH_15

CM FOR JUDICIAL REVIEW OF A DECISION OF THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

CM FOR JUDICIAL REVIEW OF A DECISION OF THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2021] ScotCS CSOH_15 (24 February 2021)

The Inner House allowed CM’s reclaiming motion in an asylum judicial review, holding the tribunal may have erred about his ability to identify the killers.

  • Asylum
  • Refugee status
  • Humanitarian protection
  • Persecution
  • Political opinion
  • Error of law
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Immigration law [2019] ScotCS CSOH_107

CARLOS LUIS MORLET MENDOZA (AP) FOR JUDICIAL REVIEW

CARLOS LUIS MORLET MENDOZA (AP) FOR JUDICIAL REVIEW [2019] ScotCS CSOH_107 (20 December 2019)

Judicial review of refusal of permission to appeal in an asylum case. The court held the Upper Tribunal made no error of law and refused the petition.

  • Refugee status determination
  • Imputed political opinion
  • Membership of particular social group
  • Humanitarian protection
  • Error of law in tribunal decisions
  • Judicial-review
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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 [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 [2014] ScotCS CSIH_25

AAA, Re Judicial Review

AAA, Re Judicial Review [2014] ScotCS CSIH_25 (07 March 2014)

The Court of Session refused a reclaiming motion in an immigration judicial review, holding that a fresh claim under Immigration Rule 353 remained the proper remedy.

  • Asylum
  • Humanitarian protection
  • Judicial review
  • Duty to trace family members
  • Credibility assessment
  • Judicial-review
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Immigration law [2014] ScotCS CSIH_17

HA v Secretary of State for the Home Department

HA v Secretary of State for the Home Department [2014] ScotCS CSIH_17 (17 December 2013)

The Court of Session refused permission to appeal in an asylum case, holding that the First-tier Tribunal had applied the correct Article 15(c) test and any error was not material.

  • Humanitarian protection
  • Article 15(c) qualification directive
  • Error of law
  • Materiality of error
  • Assessment of factual circumstances
  • Immigration-law
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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.