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Immigration – Asylum – Fresh claim. Court of Session: Refusing a judicial review petition in which a failed Iraqi asylum seeker challenged a decision that his further submissions did not give rise to a fresh claim, the court held that the petitioner had failed to discharge the onus upon him to produce positive evidence demonstrating on the balance of probabilities that he could not return to Iraq and the respondent had not erred in law in applying the policy described in her decision letter that factors affecting the practicality of return, such as the difficulty of obtaining a travel document, should not be taken into account when considering the merits of an asylum or human rights claim.
Immigration – Asylum – Fresh claim. Court of Session: Refusing a judicial review petition in which a failed Iraqi asylum seeker challenged a decision that his further submissions did not give rise to a fresh claim, the court held that the petitioner had failed to discharge the onus upon him to produce positive evidence demonstrating on the balance of probabilities that he could not return to Iraq and the respondent had not erred in law in applying the policy described in her decision letter that factors affecting the practicality of return, such as the difficulty of obtaining a travel document, should not be taken into account when considering the merits of an asylum or human rights claim.
Now is the time to tackle inappropriate behaviour at the Bar as well as extend our reach and collaboration with organisations and individuals at home and abroad
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David Wurtzel analyses the outcome of the 2024 silk competition and how it compares with previous years, revealing some striking trends and home truths for the profession
Save for some high-flyers and those who can become commercial arbitrators, it is generally a question of all or nothing but that does not mean moving from hero to zero, says Andrew Hillier
