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Immigration – Leave to remain – Right to family life. Court of Session: Allowing a reclaiming motion in judicial review proceedings in which a Pakistani national challenged a decision refusing to treat his further submissions as a fresh claim for leave to remain, the court held that the Home Secretary erred because her first decision letter did not provide the necessary assurance that she considered whether or not leave to remain should be granted outside the Immigration Rules, however the Lord Ordinary appeared to have overlooked the need to consider whether the error was a material one, and had she done so she would have been bound to find that the failure alleged was immaterial and, accordingly, also bound to dismiss the petition.
Immigration – Leave to remain – Right to family life. Court of Session: Allowing a reclaiming motion in judicial review proceedings in which a Pakistani national challenged a decision refusing to treat his further submissions as a fresh claim for leave to remain, the court held that the Home Secretary erred because her first decision letter did not provide the necessary assurance that she considered whether or not leave to remain should be granted outside the Immigration Rules, however the Lord Ordinary appeared to have overlooked the need to consider whether the error was a material one, and had she done so she would have been bound to find that the failure alleged was immaterial and, accordingly, also bound to dismiss the petition.
Our call for sufficient resources for the justice system and for the Bar to scrutinise the BSB’s latest consultation
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James Onalaja concludes his two-part opinion series
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If you are in/about to start pupillage, you will soon be facing the pupillage stage assessment in professional ethics. Jane Hutton and Patrick Ryan outline exam format and tactics
In a two-part opinion series, James Onalaja considers the International Criminal Court Prosecutor’s requests for arrest warrants in the controversial Israel-Palestine situation