MIAB and others, petitioners

Immigration – Asylum – Judicial review – Amendment of petition. Court of Session: In 18 judicial review petitions by asylum seekers seeking to review transfer back decisions in which the petitioners sought to amend by deleting the existing case and introducing new grounds of challenge, the Lord Ordinary allowed minutes of amendment to be received in nine cases and refused to do so in nine others, and the petitioners and respondent reclaimed the interlocutors in which they were unsuccessful, the court held that the correct test for determining whether an amendment should be allowed was whether it was in the interests of justice, it was not clear that the Lord Ordinary did apply the correct test, and, reviewing the applications of new, the interests of justice lay in refusing to allow the .minutes to be received and thus allowing the respondent's reclaiming motions and refusing those of the petitioners

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