All Articles: Court of Session

Immigration tribunals lose their way in overcomplicated human rights rules

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 Art ...

9th October 2018 By

Luxembourg court to be asked if the UK can cancel Brexit

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 kno ...

26th September 2018 By

Permanent residence saves Polish man with two drug dealing offences from deportation

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 ...

14th September 2018 By

Fellow church-goers can give “expert evidence” on an asylum seeker’s conversion to Christianity

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 finding ...

6th September 2018 By

Don’t forget about Article 8 in asylum cases

The success or failure of a fresh claim judicial review usually depends on the specific facts of the case and the quality of the Home Office’s reasoning in their decision letter. As a result they rarely contain points of general importance and are n ...

19th July 2018 By

When law and politics collide: Brexit in the Court of Session

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 inv ...

11th June 2018 By

Court of Session case on blocking Brexit goes to full hearing

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 Co ...

21st March 2018 By