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Immigration [2023] ScotCS CSOH_5

AC FOR JUDICIAL REVIEW

AC FOR JUDICIAL REVIEW [2023] ScotCS CSOH_5 (02 February 2023)

The Court of Session refused judicial review of the Upper Tribunal’s refusal of permission to appeal in an asylum case involving a Moroccan petitioner.

  • Asylum claims
  • Credibility assessment
  • Permission to appeal
  • Police protection
  • Internal relocation
  • Expert evidence
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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 law [2020] ScotCS CSIH_72

APPEAL BY SAMAN MAHMOOD RASHED AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

APPEAL BY SAMAN MAHMOOD RASHED AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2020] ScotCS CSIH_72 (09 December 2020)

The Inner House refused an immigration appeal, holding there was no arguable error in the Secretary of State’s conclusion that internal relocation within Iraq remained feasible.

  • Fresh claim under immigration rule 353
  • Internal relocation
  • Asylum
  • Article 2 echr
  • Article 3 echr
  • Qualification directive 2004/83/ec
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Immigration law [2020] ScotCS CSIH_35

APPEAL BY DO AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

APPEAL BY DO AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2020] ScotCS CSIH_35 (19 June 2020)

The Court of Session refused an asylum appellant’s appeal against refusal of permission to judicially review an Upper Tribunal decision, finding no material error or compelling reason.

  • Asylum refusal
  • Judicial review permission
  • Adequacy of reasons
  • Risk on return
  • Witchcraft accusations
  • State protection
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Immigration [2020] ScotCS CSIH_29

RECLAIMING MOTION IN THE PETITION OF AA FOR JUDICIAL REVIEW OF A DECISION OF THE UPPER TRIBUNAL

RECLAIMING MOTION IN THE PETITION OF AA FOR JUDICIAL REVIEW OF A DECISION OF THE UPPER TRIBUNAL [2020] ScotCS CSIH_29 (05 June 2020)

The Inner House refused AA’s reclaiming motion, upholding the Upper Tribunal’s refusal of permission to appeal in an asylum judicial review.

  • Asylum
  • Procedural fairness
  • Credibility assessment
  • Expert evidence
  • Internal relocation
  • 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 [2018] ScotCS CSIH_6

MCB , APPLICATION UNDER SECTION 13 OF THE TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007 BY AGAINST REFUSAL OF PERMISSION TO APPEAL BY THE UPPER TRIBUNAL

MCB , APPLICATION UNDER SECTION 13 OF THE TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007 BY AGAINST REFUSAL OF PERMISSION TO APPEAL BY THE UPPER TRIBUNAL [2018] ScotCS CSIH_6 (16 January 2018)

The Court of Session granted permission to appeal, holding that the Upper Tribunal may have erred in applying the second appeals test and in assessing reasons and credibility.

  • Permission to appeal
  • Adequacy of reasons
  • Second appeals test
  • Credibility assessment
  • Refugee convention
  • European convention on human rights
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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_34

PS, Re Judicial Review

PS, Re Judicial Review [2017] ScotCS CSOH_34 (09 March 2017)

Court of Session refused judicial review of an Upper Tribunal refusal of permission to appeal in an asylum case, finding no error of law and no Eba compelling reason.

  • Internal relocation
  • Protection from persecution
  • Judicial review
  • Second appeals test
  • Judicial-review
  • Asylum
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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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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.