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Scotland Case Law

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Public law [2026] CSIH 4

Dastan Ibrahimi against Glasgow City Council (Court of Session)

Dastan Ibrahimi against Glasgow City Council (Court of Session) [2026] CSIH 4 (20 January 2026)

The Inner House held an age assessment challenge was not academic, but refused reduction of Glasgow City Council’s decision on reasons, fairness, irrationality and inquiry grounds.

  • Age assessment
  • Procedural fairness
  • Adequate reasons
  • Irrationality
  • Tameside duty
  • Judicial review
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Criminal law [2026] HCJAC 1

Appeal under section 26 of the Extradition Act 2003 by Ghorghe Marcoci against the Lord Advocate (High Court of Justiciary)

Appeal under section 26 of the Extradition Act 2003 by Ghorghe Marcoci against the Lord Advocate (High Court of Justiciary) [2026] HCJAC 1 (15 January 2026)

The court refused an extradition appeal by Ghorghe Marcoci, rejecting claims based on asylum, Articles 5 and 6 ECHR, and new information about Romanian proceedings.

  • Extradition
  • European arrest warrant
  • Fair trial rights
  • Asylum application
  • Politically motivated prosecution
  • Article 5 echr
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Immigration [2024] ScotCS CSOH_64

JR AGAINST ADVOCATE GENERAL FOR SCOTLAND

JR AGAINST ADVOCATE GENERAL FOR SCOTLAND [2024] ScotCS CSOH_64 (20 June 2024)

The court granted permission on some judicial review grounds and transferred the petition to the Upper Tribunal, finding discretionary transfer appropriate.

  • Certification of claims as clearly unfounded
  • Transfer to upper tribunal
  • Permission for judicial review
  • Judicial-review
  • Immigration
  • Asylum
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Immigration [2023] ScotCS CSOH_23

AK AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

AK AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2023] ScotCS CSOH_23 (31 March 2023)

The Court of Session reduced an Upper Tribunal refusal after holding that a First-tier Tribunal arguably failed to address expert evidence central to an Algerian asylum claim.

  • Judicial review
  • Asylum claims
  • Credibility assessment
  • Expert evidence
  • Material error of law
  • Judicial-review
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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 [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 [2022] ScotCS CSOH_67

MIKHAIL BAKUSHEV (AP) AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

MIKHAIL BAKUSHEV (AP) AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2022] ScotCS CSOH_67 (20 September 2022)

The Court of Session granted interim suspension so an asylum seeker could keep working while judicial review of a fresh-claim refusal was pending.

  • Asylum seeker rights
  • Permission to work
  • Judicial review
  • Interim relief
  • Immigration rules
  • Immigration-law
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Immigration law [2022] ScotCS CSOH_48

HHP (FE/LA) AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

HHP (FE/LA) AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2022] ScotCS CSOH_48 (15 July 2022)

Court of Session reduced the Upper Tribunal’s refusal of permission to appeal, holding there was an arguable error of law in the sur place assessment.

  • Asylum
  • Human trafficking
  • Judicial review
  • Article 8 echr
  • Sur place activities
  • Risk of re-trafficking
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Immigration law [2022] ScotCS CSIH_27

MA AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

MA AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2022] ScotCS CSIH_27 (09 June 2022)

The Inner House refused an asylum appellant’s judicial review appeal, holding there was no procedural unfairness where he was not cross-examined on inconsistencies.

  • Asylum
  • Procedural fairness
  • Judicial review
  • Credibility assessment
  • Procedural-fairness
  • Judicial-review
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Family law [2022] ScotCS CSOH_38

ZA AND MN AGAINST B AND OTHERS

ZA AND MN AGAINST B AND OTHERS [2022] ScotCS CSOH_38 (12 May 2022)

The court refused parents’ request to return a child to Qatar, finding that her welfare was better served by remaining in Scotland with her sister A.

  • Specific issue order
  • Child return
  • Asylum
  • Custody
  • Child welfare
  • Domestic abuse
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About this LexChat collection

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.