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Scotland Case Law

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Immigration [2022] ScotCS CSOH_69

HJ (F/E) AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

HJ (F/E) AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2022] ScotCS CSOH_69 (27 September 2022)

Judicial review of a fresh-claim refusal succeeded after the court held the Home Office failed to apply anxious scrutiny to sur place political activity.

  • Asylum
  • Fresh claim
  • Political activity sur place
  • Risk of persecution
  • Anxious scrutiny
  • Fresh-claim
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Immigration law [2019] ScotCS CSIH_13

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

MA (AP) AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2019] ScotCS CSIH_13 (12 March 2019)

Scottish Court of Session appeal on asylum risk from sur place political activity in the UK was refused. The court held there was no error of law in the tribunals’ fact findings.

  • Asylum
  • Sur place activities
  • Standard of proof
  • Risk of persecution
  • Country guidance
  • Evidence assessment
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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 [2004] ScotCS 139

Abdallah, Re Against A Determination Of The Immigration Appeal Tribunal

Abdallah, Re Against A Determination Of The Immigration Appeal Tribunal [2004] ScotCS 139 (21 May 2004)

The Court of Session allowed an asylum appeal, holding that the tribunal erred by failing to address evidence that the appellant’s escape from detention was central to his fear of persecution.

  • Asylum appeals
  • Risk of persecution
  • Failure to consider evidence
  • Convention grounds
  • Asylum-appeals
  • Immigration-law
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Immigration [1998] ScotCS 91

Singh v Secretary Of State For The Home Department

Singh v Secretary Of State For The Home Department [1998] ScotCS 91 (4 December 1998)

Court of Session held that the Immigration Appeal Tribunal gave inadequate reasons on internal flight in an asylum appeal and remitted the case for rehearing.

  • Internal flight alternative
  • Refugee status
  • Adequacy of reasons
  • Risk of persecution
  • Asylum
  • Immigration
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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.