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Scotland Case Law

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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 law [2024] ScotCS CSOH_31

AB AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

AB AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2024] ScotCS CSOH_31 (13 March 2024)

The Court of Session reduced a certification that a domestic-violence-related human rights claim was clearly unfounded, holding the claim was not obviously bound to fail.

  • Domestic violence concession
  • Article 8 echr
  • Article 14 echr
  • Certification of claims as clearly unfounded
  • Judicial review of administrative decisions
  • Immigration-law
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Immigration law [2015] ScotCS CSOH_116

TN, Re Judicial Review

TN, Re Judicial Review [2015] ScotCS CSOH_116 (26 August 2015)

The Court of Session reduced a Home Office certification that a deportation-related human rights claim was clearly unfounded under section 94.

  • Deportation
  • Article 8 echr
  • Family life
  • Certification of claims as clearly unfounded
  • Section 94 nationality immigration and asylum act 2002
  • Immigration-law
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Immigration law [2013] ScotCS CSOH_46

ASM, Re Judicial Review

ASM, Re Judicial Review [2013] ScotCS CSOH_46 (20 March 2013)

The Court of Session held that certification of ASM’s asylum claim as clearly unfounded was unreasonable, given his family ties in the UK and the need for a proper proportionality assessment.

  • Asylum
  • Safe third country
  • Article 8 echr
  • Dublin ii regulation
  • Judicial review
  • Certification of claims as clearly unfounded
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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.