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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 [2021] ScotCS CSOH_10

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

AR (AP) AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2021] ScotCS CSOH_10 (27 January 2021)

The Court of Session reduced an Upper Tribunal decision after finding arguable errors in its treatment of key asylum documents and its failure to decide admission of a late appeal.

  • Judicial review
  • Permission to appeal
  • Documentary evidence
  • Anxious scrutiny
  • Standard of proof
  • Procedural fairness
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Immigration [2019] ScotCS CSOH_67

GC AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

GC AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2019] ScotCS CSOH_67 (06 September 2019)

Judicial review of a refusal to treat further submissions as a fresh asylum claim. The court held the Zimbabwe violence reports did not create a realistic prospect of success.

  • Fresh claim
  • Asylum
  • Sexual orientation
  • Persecution
  • Country guidance
  • Anxious scrutiny
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Immigration [2019] ScotCS CSOH_43

AS (AP) FOR JUDICIAL REVIEW OF A DECISION OF THE HOME OFFICE

AS (AP) FOR JUDICIAL REVIEW OF A DECISION OF THE HOME OFFICE [2019] ScotCS CSOH_43 (12 June 2019)

The Court of Session held that the Home Office materially failed to consider new evidence in a fresh-claim review, and reduced the refusal decision.

  • Fresh claim
  • Insurmountable obstacles
  • Article 8 echr
  • Proportionality
  • Entry clearance
  • Anxious scrutiny
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Immigration law [2018] ScotCS CSOH_62

BJ (NIGERIA) FOR JUDICIAL REVIEW

BJ (NIGERIA) FOR JUDICIAL REVIEW [2018] ScotCS CSOH_62 (12 June 2018)

The Court of Session held that the Secretary of State failed to anxiously scrutinise fresh medical evidence and gave inadequate reasons, so the refusal was reduced.

  • Fresh claim under immigration rule 353
  • Asylum
  • Article 3 echr (prohibition of inhuman or degrading treatment)
  • Article 8 echr (right to private and family life)
  • Anxious scrutiny
  • Adequacy of reasons
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Immigration law [2018] ScotCS CSOH_21

RK, PETITION OF AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

RK, PETITION OF AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2018] ScotCS CSOH_21 (09 March 2018)

The Court of Session reduced a refusal to treat further immigration submissions as a fresh claim, finding errors in the test applied and the Article 8 assessment.

  • Deportation of foreign criminals
  • Fresh claim under immigration rules paragraph 353
  • Article 8 echr (right to family life)
  • Delay in immigration decision-making
  • Proportionality assessment
  • Anxious scrutiny
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Immigration law [2017] ScotCS CSOH_128

JMG, PETITION OF v THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

JMG, PETITION OF v THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2017] ScotCS CSOH_128 (12 October 2017)

The Court of Session reduced a refusal to treat fresh asylum submissions as a fresh claim, holding that the decision letter failed to address material medical evidence properly.

  • Asylum claims
  • Fresh claim under immigration rule 353
  • Judicial review
  • Credibility assessment
  • Medical evidence in asylum
  • Article 3 echr
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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_19

TM v The Secretary of State for the Home Department

TM v The Secretary of State for the Home Department [2017] ScotCS CSOH_19 (03 February 2017)

Judicial review succeeded where the Secretary of State failed to treat the petitioner’s Article 3 claim as a suicide-risk case and did not show anxious scrutiny.

  • Asylum
  • Fresh claim
  • Echr article 3
  • Echr article 8
  • Mental health
  • Risk of suicide
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Immigration [2017] ScotCS CSOH_11

Ali v The Secretary of State for the Home Department

Ali v The Secretary of State for the Home Department [2017] ScotCS CSOH_11 (27 January 2017)

The Court of Session reduced a Home Office fresh-claim refusal, holding the decision failed to apply anxious scrutiny to Article 8 integration obstacles in Iraq.

  • Fresh claim
  • Article 8 echr
  • Obstacles to integration
  • Anxious scrutiny
  • Fresh-claim
  • Article-8-echr
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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.