In JR v Advocate General for Scotland [2024] CSOH 64, the Court of Session has encouraged greater use of the powers to transfer a judicial
In a recent decision, Mohammed Ismael Suliman Abdullah for judicial review [2024] ScotCS CSOH_8, the Court of Session clarified that when a young person is
The Court of Session has concluded in SOOY v Secretary of State for the Home Department [2023] CSOH 93 that the Judicial Review and Courts
Is the Home Office under a duty to provide information establishing a child’s nationality? This is the question considered by the Inner House of the
The Court of Session in Scotland and the High Court in England and Wales have both ruled that newly recognised refugees have a right to
In CM v Secretary of State for the Home Department [2021] CSIH 15, the Inner House overturned previous findings that a person who witnessed a
In Odubajo v Secretary of State for the Home Department [2020] CSIH 57, it was hoped that the Inner House of the Court of Session
The case of Advocate General for Scotland v Adiukwu [2020] CSIH 47 answers the question of whether the Home Office has a private law duty
Scottish litigation would not be the same unless we had fancy words for everything. “Judge”? – too plain. We have “Lord Ordinary”. “Appeal”? Pah! We
In Odubajo v Secretary of State for the Home Department [2020] CSOH 2, the Court of Session has ruled that the three-month time limit for
In Mohammad Racheed v Secretary of State for the Home Department [2019] CSIH 8, the Inner House of the Court of Session held that a
With so much focus on whether an asylum seeker has established a well founded fear of persecution in their country of origin, the question of
Since January 2015, 1,700 settlement applications from Tier 1 (General) migrants have been refused under paragraph 322(5) of the Immigration Rules, primarily due to discrepancies
Regular readers of this blog will, by now, be well aware of the Supreme Court’s decision in KO (Nigeria) which determined the correct approach in
A v Secretary of State for the Home Department [2016] CSIH 38 is an important 2016 decision from the Court of Session in Scotland, the full impact
The appeal of Orhan Mendirez [2018] CSIH 65 is an interesting judgment from the Inner House in which both the Upper Tribunal and First-tier Tribunal
Last week the Scottish Court of Session agreed to make a reference to the Court of Justice of the European Union in Luxembourg to determine
It is one thing when the state seeks to withdraw a permission or privilege. It is a very different matter when it seeks to interfere
TF and MA v Secretary of State for the Home Department [2018] CSIH 58 is a recent Court of Session (Inner House) decision which addresses
The Court of Session has refused to make a reference to the Court of Justice of the European Union in Luxembourg to determine whether the
Campaigners seeking to confirm whether the UK’s Article 50 notification triggering Brexit can be unilaterally revoked are one step closer to getting a decision from
In a decision of 27 May 2016, the Inner House of the Court of Session held that excluding the spouses of refugees from the so-called
In JR v Advocate General for Scotland [2024] CSOH 64, the Court of Session has encouraged greater use of the powers to transfer a judicial review to the Upper Tribunal and laid out what factors might be relevant in making that decision. In Scotland, all applications for judicial review are...
In a recent decision, Mohammed Ismael Suliman Abdullah for judicial review [2024] ScotCS CSOH_8, the Court of Session clarified that when a young person is seeking for a court to make a finding in relation to their age in Scotland, the action should be raised as a declarator of age...
The Court of Session has concluded in SOOY v Secretary of State for the Home Department [2023] CSOH 93 that the Judicial Review and Courts Act 2022 has been effective in removing the ability to bring a Cart/Eba judicial review of Upper Tribunal permission to appeal decisions, except in very...
Is the Home Office under a duty to provide information establishing a child’s nationality? This is the question considered by the Inner House of the Court of Session in AS v Secretary of State for the Home Department [2022] CSIH 16. Unfortunately, the answer is no. The Home Office’s duty...
The Court of Session in Scotland and the High Court in England and Wales have both ruled that newly recognised refugees have a right to claim backdated child tax credit. The cases are Adnan, Petitioners [2021] CSOH 63 and R (DK) v Her Majesty’s Revenue and Customs [2021] EWHC 1845...
In CM v Secretary of State for the Home Department [2021] CSIH 15, the Inner House overturned previous findings that a person who witnessed a state murder in their home country was not in danger because they had not (and would not) report the matter to the authorities there. The...
In Odubajo v Secretary of State for the Home Department [2020] CSIH 57, it was hoped that the Inner House of the Court of Session would provide some much-needed guidance on the vexed issue of when the three-month clock starts ticking to lodge applications for judicial review. Instead, it ruled...
The case of Advocate General for Scotland v Adiukwu [2020] CSIH 47 answers the question of whether the Home Office has a private law duty to grant a person discretionary leave to remain and issue them with a letter to allow them to take up employment once a tribunal has...
Scottish litigation would not be the same unless we had fancy words for everything. “Judge”? – too plain. We have “Lord Ordinary”. “Appeal”? Pah! We have the “reclaiming motion”. “Court of Appeal”? Too simple. We have the “Inner House”. This brief lesson on Scots litigation terminology is by way of...
In Odubajo v Secretary of State for the Home Department [2020] CSOH 2, the Court of Session has ruled that the three-month time limit for raising judicial review proceedings starts on the date of the decision, even though the person affected may not have been notified of that decision. This...
In Mohammad Racheed v Secretary of State for the Home Department [2019] CSIH 8, the Inner House of the Court of Session held that a judicial review challenge to the certification of a human rights claim to remain in the UK as “clearly unfounded” can include new evidence. Mr Racheed,...
With so much focus on whether an asylum seeker has established a well founded fear of persecution in their country of origin, the question of whether their appeal falls to be allowed under Article 8 of the European Convention on Human Rights is often given only cursory attention. However, it...
Since January 2015, 1,700 settlement applications from Tier 1 (General) migrants have been refused under paragraph 322(5) of the Immigration Rules, primarily due to discrepancies between earnings declared to HMRC and to the Home Office at the time of making an application. During that time, the higher courts in England...
Regular readers of this blog will, by now, be well aware of the Supreme Court’s decision in KO (Nigeria) which determined the correct approach in immigration cases involving children who are either British or who have lived in the UK for seven years. However many, particularly those outside Scotland, may...
A v Secretary of State for the Home Department [2016] CSIH 38 is an important 2016 decision from the Court of Session in Scotland, the full impact of which has still to be felt. It concerns the Immigration Rules, as they apply to spouses of refugees, where the spouse has...
The appeal of Orhan Mendirez [2018] CSIH 65 is an interesting judgment from the Inner House in which both the Upper Tribunal and First-tier Tribunal come in for criticism. Both failed to approach their decision-making task, in an appeal focused on Article 8 of the European Convention on Human Rights,...
Last week the Scottish Court of Session agreed to make a reference to the Court of Justice of the European Union in Luxembourg to determine whether the UK’s notice that it is leaving the EU under Article 50 can be cancelled. The case, formally known as Wightman & Others v...
It is one thing when the state seeks to withdraw a permission or privilege. It is a very different matter when it seeks to interfere with an individual’s rights. Privileges are precarious. In the absence of good reason to the contrary, rights should be secure. This emphatic opening line comes...
TF and MA v Secretary of State for the Home Department [2018] CSIH 58 is a recent Court of Session (Inner House) decision which addresses two key themes within the immigration and asylum sphere. Firstly, the extent to which adverse credibility findings against an appellant on the basis of one...
The Court of Session has refused to make a reference to the Court of Justice of the European Union in Luxembourg to determine whether the UK’s notice that it is leaving the EU under Article 50 can be cancelled. Given that the subject matter involved “the most contentious and political...
Campaigners seeking to confirm whether the UK’s Article 50 notification triggering Brexit can be unilaterally revoked are one step closer to getting a decision from the Court of Justice of the European Union. Yesterday the Inner House of the Court of Session granted permission to proceed in Wightman and others...
In a decision of 27 May 2016, the Inner House of the Court of Session held that excluding the spouses of refugees from the so-called ‘domestic violence concession’ (DVC) in Section DVILR of the Immigration Rules discriminates against such spouses in violation of Article 14 of the European Convention of...
