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Scotland decisions
Decisions matching the current search
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.
XL v The Secretary of State for the Home Department [2017] ScotCS CSOH_41 (09 March 2017)
Judicial review of a fresh-claim refusal failed. The court held that the Home Secretary had considered the expert report and was entitled to rely on AX country guidance.
Alibinu, Re Judicial Review [2015] ScotCS CSOH_155 (13 November 2015)
Judicial review of a refusal to treat further immigration submissions as a fresh human rights claim. The court held the decision-maker had not fully assessed relevant family-life factors.
PG v The Secretary of State for the Home Department [2015] ScotCS CSOH_112 (18 August 2015)
Judicial review of a refusal to treat further asylum submissions as a fresh claim was dismissed. The court held that anxious scrutiny had been applied.
Ashiq, Re Judicial Review [2015] ScotCS CSIH_31 (28 April 2015)
The Inner House held that any failure to consider Article 8 ECHR outside the Immigration Rules was immaterial and refused judicial review.
Opa (Nigeria) (AP), Re Judicial Review [2015] ScotCS CSOH_3 (14 January 2015)
The Court of Session held that the petitioner’s further submissions were not a fresh asylum claim because they added no new substantive evidence.
MMM (AP) v Secretary of State for the Home Department [2014] ScotCS CSOH_43 (06 March 2014)
The Court of Session reduced the Secretary of State’s refusal to treat further immigration submissions as a fresh claim, finding a flawed credibility approach and inadequate anxious scrutiny.
AM, Re Judicial Review [2010] ScotCS CSOH_121 (26 August 2010)
The Court of Session dismissed a judicial review challenge to a refusal to treat further asylum submissions as a fresh claim under Rule 353.
SY (AP) (Demoratic Republic of the Congo), Re Judiical Review [2010] ScotCS CSOH_89 (09 July 2010)
The Court of Session refused judicial review of a fresh-claim decision, holding that the new psychological evidence did not create a realistic prospect of success.
KAM, Re Judicial Review [2010] ScotCS CSOH_43 (26 March 2010)
The court reduced the Home Secretary’s refusal to treat new material as a fresh asylum claim, finding a material omission and failure to apply anxious scrutiny.
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