MS v Advocate General for Scotland

Immigration – Leave to remain – Fresh claim – Right to family life. Court of Session: Refusing a judicial review petition by a Pakistani national who had been refused indefinite leave to remain and who challenged a refusal to treat his further submissions as fresh claim, to reject his application based on family and private life within the Immigration Rules and his application outwith the Rules, the court held that the criticisms levelled at the decision letter did not establish a want of anxious scrutiny by the Secretary of State, the letter had not simply rejected the further submissions out of hand as containing nothing new, and the determination that the length of the petitioner's stay in the UK be accorded 'no weight' was not perverse or Wednesbury unreasonable.

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