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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 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 […]
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 […]
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 […]
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 […]
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 […]
