Hussini, petitioner

Immigration – Leave to remain – Human rights: Court of Session: In judicial review proceedings in which an Afghan national who applied for further leave to remain sought reduction of a decision to certify his human rights claim as clearly unfounded, the court reduced the decision, holding that the respondent certified the petitioner's claim without having properly assessed its merits, and that it could not justifiably be asserted that anyone carrying out a proper assessment, involving consideration of all the relevant factors and applying the appropriate test of proportionality, would inevitably reach the same decision as the respondent did, ie that the claim had no prospect of success and was bound to fail.

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