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Upper Tribunal can review Home Office decisions made concerning Scottish residents


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The Upper Tribunal’s jurisdiction to decide an application for Judicial Review is not affected by the applicant’s being in Scotland. The Tribunal will, however, consider issues of forum non conveniens if it is suggested that its jurisdiction should not be exercised.

Not sure that the Scottish judiciary will be terribly pleased about this. Some reactions on Twitter:


Source: Kashif, R (on the application of) v Secretary of State for the Home Department (JR jurisdiction: applicant in Scotland (IJR) [2016] UKUT 375 (IAC) (19 July 2016)

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.