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Immigration law [2022] ScotCS CSIH_12

IFEOMA GRACE MBOMSON FOR JUDICAL REVIEW OF A DECISION OF THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

IFEOMA GRACE MBOMSON FOR JUDICAL REVIEW OF A DECISION OF THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2022] ScotCS CSIH_12 (04 March 2022)

The Inner House refused a reclaiming motion in judicial review, holding that the Secretary of State properly rejected an immigration fresh claim based on Article 8 and long residence.

  • Indefinite leave to remain
  • Article 8 echr (private life)
  • Immigration rules (long residence)
  • Judicial review
  • Fresh claim under immigration rule 353
  • Judicial-review
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Immigration law [2021] ScotCS CSOH_84

TOTON MIAH AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

TOTON MIAH AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2021] ScotCS CSOH_84 (17 August 2021)

Court of Session held that the petitioner’s overstaying was a current, not previous, period; his 10 years’ lawful residence claim failed.

  • Indefinite leave to remain
  • Long residence
  • Overstaying
  • Immigration rules paragraph 276b
  • Immigration rules paragraph 39e
  • Immigration-law
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Immigration law [2020] ScotCS CSOH_91

PETITION OF RUTH AWA AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

PETITION OF RUTH AWA AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2020] ScotCS CSOH_91 (30 October 2020)

The Court of Session reduced a refusal of indefinite leave to remain, holding the Home Secretary failed to consider relevant circumstances around a missed 2016 communication.

  • Indefinite leave to remain
  • Continuous lawful residence
  • Discretionary leave
  • Judicial review
  • Wednesbury unreasonableness
  • Immigration-law
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Immigration law [2020] ScotCS CSOH_32

MD SADDIK MD AB SOWDAGER (AP) FOR JUDICIAL REVIEW

MD SADDIK MD AB SOWDAGER (AP) FOR JUDICIAL REVIEW [2020] ScotCS CSOH_32 (11 March 2020)

Court of Session dismissed a judicial review challenging immigration refusal decisions, holding that IR 276B(v) does not convert overstaying into lawful residence and that conviction, not offence date, governs IR 322.

  • Indefinite leave to remain
  • Immigration rules construction
  • Article 8 echr
  • Judicial review
  • Permission to appeal
  • Criminal conduct and immigration
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Immigration law [2020] ScotCS CSOH_15

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

AZ (AP) AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2020] ScotCS CSOH_15 (07 February 2020)

Judicial review of a refusal of indefinite leave to remain was dismissed. The court held the decision-maker was entitled to decide the application on the reasons actually advanced.

  • Discretionary leave to remain
  • Indefinite leave to remain
  • Judicial review
  • Student tuition fees
  • Policy interpretation
  • Judicial-review
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Immigration [2019] ScotCS CSOH_92

NWOKOLO (AP) FOR JUDICIAL REVIEW

NWOKOLO (AP) FOR JUDICIAL REVIEW [2019] ScotCS CSOH_92 (19 November 2019)

Judicial review succeeded where the Outer House held the Upper Tribunal had arguably erred in law in a tax discrepancy immigration appeal.

  • Tax discrepancy
  • Indefinite leave to remain
  • Burden of proof
  • Article 8 echr
  • Procedural fairness
  • Judicial-review
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Immigration law [2019] ScotCS CSOH_81

MBOMSON AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

MBOMSON AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2019] ScotCS CSOH_81 (24 October 2019)

Judicial review of refusal of indefinite leave to remain was refused. The court held that paragraph 39E did not turn overstaying into lawful residence for paragraph 276B(i)(a).

  • Indefinite leave to remain
  • Continuous lawful residence
  • Interpretation of immigration rules
  • Immigration-law
  • Judicial-review
  • Indefinite-leave-to-remain
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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_88

DE, Re Judicial Review

DE, Re Judicial Review [2015] ScotCS CSOH_88 (07 July 2015)

The Court of Session refused judicial review of an Upper Tribunal refusal of permission to appeal in an immigration case involving Article 8 and leave to remain.

  • Article 8 echr (right to respect for private and family life)
  • Indefinite leave to remain
  • Exceptional circumstances
  • Legitimate expectation
  • Judicial review of tribunal decisions
  • Judicial-review
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Immigration law [2015] ScotCS CSOH_62

A (AP) v The Secretary of State for the Home Department

A (AP) v The Secretary of State for the Home Department [2015] ScotCS CSOH_62 (29 May 2015)

The Court of Session refused judicial review of a refusal of ILR under Appendix FM, holding the domestic violence concession’s exclusion of spouses of refugees was justified.

  • Indefinite leave to remain
  • Domestic violence concession
  • Discrimination
  • Article 8 echr
  • Article 14 echr
  • Immigration rules appendix fm
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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.