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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 [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 law [2019] ScotCS CSIH_24

AJR, APPEAL BY AJR AGAINST A DECISION OF THE UPPER TRIBUNAL

AJR, APPEAL BY AJR AGAINST A DECISION OF THE UPPER TRIBUNAL [2019] ScotCS CSIH_24 (28 March 2019)

The Court of Session allowed AJR’s appeal against an Upper Tribunal asylum decision and remitted the case for reconsideration, focusing on Iraqi return documentation and internal relocation.

  • Internal relocation
  • Country guidance
  • Documentation for returnees
  • Humanitarian protection
  • European convention on human rights
  • Asylum-law
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Immigration law [2019] ScotCS CSIH_13

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

MA (AP) AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2019] ScotCS CSIH_13 (12 March 2019)

Scottish Court of Session appeal on asylum risk from sur place political activity in the UK was refused. The court held there was no error of law in the tribunals’ fact findings.

  • Asylum
  • Sur place activities
  • Standard of proof
  • Risk of persecution
  • Country guidance
  • Evidence assessment
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Immigration law [2019] ScotCS CSIH_5

YC, RECLAIMING MOTION BY YC AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

YC, RECLAIMING MOTION BY YC AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2019] ScotCS CSIH_5 (31 January 2019)

The Inner House refused a reclaiming motion by a Chinese asylum seeker, holding that excerpts from another case’s expert evidence could not displace existing country guidance.

  • Country guidance
  • Fresh claim under immigration rules
  • Admissibility of evidence
  • Res judicata
  • Expert evidence
  • Procedural law
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Immigration law [2018] ScotCS CSOH_40

YC AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

YC AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2018] ScotCS CSOH_40 (17 April 2018)

Judicial review of a refusal to treat further submissions as a fresh asylum claim. The court held the petitioner could not rely on excerpts from YZ to displace existing country guidance.

  • Asylum
  • Fresh claim
  • Country guidance
  • Family planning policy
  • Article 3 echr
  • Forced sterilisation
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Immigration [2018] ScotCS CSIH_16

MMY, APPEAL BY AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

MMY, APPEAL BY AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2018] ScotCS CSIH_16 (20 March 2018)

Appeal allowed after the Court held that the Upper Tribunal inadequately reasoned its rejection of evidence on Eastern Lightening and failed to address concealment under HJ (Iran).

  • Refugee status
  • Religious persecution
  • Country guidance
  • Error of law
  • Asylum eligibility
  • Religious freedom
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Immigration [2017] ScotCS CSOH_134

MA v SECRETARY OF STATE FOR THE HOME DEPARTMENT

MA v SECRETARY OF STATE FOR THE HOME DEPARTMENT [2017] ScotCS CSOH_134 (24 October 2017)

Judicial review of refusal of permission to appeal in an asylum case was refused. The court held the tribunal’s low-level activity findings were open to it.

  • Asylum
  • Country guidance
  • Judicial review
  • Eba test
  • Kurdish political activity
  • Risk on return
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Immigration law [2017] ScotCS CSIH_41

Zheng v Secretary of State for the Home Department

Zheng v Secretary of State for the Home Department [2017] ScotCS CSIH_41 (30 June 2017)

The Court of Session held that the Upper Tribunal wrongly overturned the First-tier Tribunal’s finding that the appellant would face sterilisation before registering her children in China.

  • Country guidance
  • Forced sterilisation
  • Family planning policy
  • Refugee convention
  • Echr article 3
  • Tribunal procedure
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Immigration law [2017] ScotCS CSOH_39

JA v The Secretary of State for the Home Department

JA v The Secretary of State for the Home Department [2017] ScotCS CSOH_39 (10 March 2017)

The Court of Session refused judicial review of a fresh claim decision, holding that the new material was not significantly different and did not warrant reconsideration.

  • Fresh claim under immigration rule 353
  • Asylum
  • Judicial review
  • Credibility assessment
  • Country guidance
  • Risk on return
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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.