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Scotland Case Law

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Immigration law [2022] ScotCS CSIH_19

APPEAL BY MARIWAN QUADIR HASSAN AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

APPEAL BY MARIWAN QUADIR HASSAN AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2022] ScotCS CSIH_19 (19 April 2022)

The Inner House refused an appeal concerning asylum evidence, holding that the second tribunal properly applied Devaseelan to later witness evidence.

  • Asylum
  • Honour-based violence
  • Evidentiary assessment
  • Second appeals test
  • Devaseelan guidelines
  • Judicial-review
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Immigration [2021] ScotCS CSIH_55

APPEAL BY AHT (AP) AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

APPEAL BY AHT (AP) AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2021] ScotCS CSIH_55 (08 October 2021)

The Inner House refused a judicial review appeal in an asylum case, holding that country guidance in IM and AI applied and that expert evidence could not redefine it.

  • Country guidance
  • Risk on return
  • Failed asylum seeker
  • Expert evidence
  • Second appeals test
  • Asylum
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Immigration law [2021] ScotCS CSIH_51

APPEAL BY BFH AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT FOR JUDICIAL REVIEW

APPEAL BY BFH AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT FOR JUDICIAL REVIEW [2021] ScotCS CSIH_51 (05 October 2021)

The Inner House refused BFH’s appeal, holding that no error of law was shown in the Upper Tribunal’s refusal of permission to appeal in an asylum judicial review.

  • Second appeals test
  • Error of law
  • Credibility assessment
  • Asylum refusal
  • Permission to proceed
  • Honour killing risk
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Immigration [2021] ScotCS CSIH_42

PETITION OF BA AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT FOR JUDICIAL REVIEW

PETITION OF BA AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT FOR JUDICIAL REVIEW [2021] ScotCS CSIH_42 (10 August 2021)

The Inner House refused an appeal against refusal of permission to seek judicial review of an Upper Tribunal asylum decision, finding no arguable error of law.

  • Permission to appeal
  • Credibility assessment
  • Trafficking
  • Procedural fairness
  • Second appeals test
  • Asylum
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Immigration law [2021] ScotCS CSIH_26

APPEAL BY MR SAMI KAREEM ALSHAMMARI AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

APPEAL BY MR SAMI KAREEM ALSHAMMARI AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2021] ScotCS CSIH_26 (30 April 2021)

The Inner House allowed an immigration judicial review appeal, holding there was an arguable error in how corroborative witness evidence was assessed.

  • Judicial review
  • Permission to proceed
  • Credibility assessment
  • Asylum claims
  • Second appeals test
  • Judicial-review
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Immigration [2020] ScotCS CSIH_59

APPEAL BY WAQAR AHMED AND OTHERS AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

APPEAL BY WAQAR AHMED AND OTHERS AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2020] ScotCS CSIH_59 (04 September 2020)

The Inner House refused a judicial review appeal against the Upper Tribunal’s refusal of leave, holding there was no arguable error of law.

  • Asylum
  • Article 8 echr
  • Best interests of the child
  • Permission to proceed
  • Second appeals test
  • Immigration
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Immigration [2020] ScotCS CSIH_32

APPEAL BY ASFANDYAR SALEEMI AND OTHERS AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

APPEAL BY ASFANDYAR SALEEMI AND OTHERS AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2020] ScotCS CSIH_32 (10 June 2020)

The Inner House held that the second appeals test was met and granted permission to proceed with judicial review over an immigration-rule age and reasonableness issue.

  • Judicial review
  • Immigration rules
  • Article 8 echr
  • Private life
  • Best interests of the child
  • Second appeals test
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Tax law [2019] ScotCS CSIH_38

REVENUE AND CUSTOMS AND DCM (OPTICAL HOLDINGS) LTD AGAINST A DECISION OF THE UPPER TRIBUNAL

REVENUE AND CUSTOMS AND DCM (OPTICAL HOLDINGS) LTD AGAINST A DECISION OF THE UPPER TRIBUNAL (TAX AND CHANCERY CHAMBER) DATED 5 DECEMBER 2018 [2019] ScotCS CSIH_38 (11 July 2019)

The Inner House granted both parties permission to appeal from the Upper Tribunal, holding that leave must be granted simpliciter and not on restricted grounds.

  • Vat appeals
  • Permission to appeal
  • Second appeals test
  • Restricted leave
  • Permission-to-appeal
  • Second-appeals-test
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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 CSIH_66

KHEDR, APPLICATION FOR LEAVE TO APPEAL UNDER SECTION 13 OF THE TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007 BY AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

KHEDR, APPLICATION FOR LEAVE TO APPEAL UNDER SECTION 13 OF THE TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007 BY AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2017] ScotCS CSIH_66 (08 November 2017)

The Court of Session refused leave to appeal in an asylum case, holding there was no strongly arguable error of law and no compelling reason to hear the appeal.

  • Preclearance for return to iraq (ikr)
  • Country guidance application
  • Error of law in tribunal decisions
  • Second appeals test
  • Removal directions
  • Judicial review availability
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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.