Updates, commentary, training and advice on immigration and asylum law

Upper Tribunal can review Home Office decisions made concerning Scottish residents

THANKS FOR READING

Older content is locked

A great deal of time and effort goes into producing the information on Free Movement, become a member of Free Movement to get unlimited access to all articles, and much, much more

TAKE FREE MOVEMENT FURTHER

By becoming a member of Free Movement, you not only support the hard-work that goes into maintaining the website, but get access to premium features;

  • Single login for personal use
  • FREE downloads of Free Movement ebooks
  • Access to all Free Movement blog content
  • Access to all our online training materials
  • Access to our busy forums
  • Downloadable CPD certificates

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:

https://twitter.com/HC395/status/764088433367056384

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)

Relevant articles chosen for you
Colin Yeo

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.

Comments