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Scotland decisions
Decisions matching the current search
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.
WALEED IL SHITANI (AP) AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2022] ScotCS CSIH_14 (09 March 2022)
The Inner House refused an asylum appellant’s challenge to the Upper Tribunal’s refusal of permission to appeal, finding no arguable error of law or real prospect of success.
AYUSH DHAWAN FOR JUDICIAL REVIEW OF A DECISION BY THE SECRETARY OF STATE FOR THE HOME DEPARTMENT DATED 20 FEBRAURY 2020 [2021] ScotCS CSOH_11 (29 January 2021)
The Court of Session refused a judicial review challenge to the Home Secretary’s decision that further immigration submissions did not amount to a fresh claim under Rule 353.
PETITION OF BK FOR JUDICIAL REVIEW OF A DECISION OF THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2020] CSOH 52 (28 May 2020)
The Court of Session reduced a Home Office fresh-claim refusal after finding the decision failed to address the impact on the petitioner’s British partner under Article 8.
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.
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.
SO AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2018] ScotCS CSOH_50 (18 May 2018)
Judicial review of a refusal to treat further submissions as a fresh claim was refused. The court held the correct rule 276ADE test was applied.
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.
PETITION OF MA AGAINST THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2017] ScotCS CSOH_109 (22 August 2017))
The Court of Session refused judicial review of a fresh-claim decision in a deportation case, holding that the Secretary of State applied the correct test and acted rationally.
BC v Secretary of State for The Home Department [2017] ScotCS CSOH_83 (02 June 2017)
The Court of Session held that the Secretary of State misapplied Article 8 by imposing an unjustified heightened dependency test in a fresh claim decision.
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