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Scotland Case Law

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Immigration law

Jharna Shital Adwani (AP) (FE) for Judicial Review

Judicial review of a refusal in a Tier 1 (Entrepreneur) extension application failed. The court held the COVID-19 concession guidance was qualified and the job-creation evidence was insufficient.

  • Tier 1 (entrepreneur) extension application
  • Legitimate expectation
  • Published policy and guidance
  • Job creation requirement
  • Adequacy of reasons
  • Wednesbury irrationality
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Immigration law [2010] ScotCS CSOH_98

AA v The Secretary of State for the Home Department

AA v The Secretary of State for the Home Department [2010] ScotCS CSOH_98 (16 July 2010)

The Court of Session refused judicial review of a refusal to grant leave to remain, holding there was no statutory appeal right and no Article 8 irrationality.

  • Leave to remain
  • Right of appeal
  • Article 8 echr
  • Proportionality
  • Wednesbury irrationality
  • 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.