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Immigration – Deportation – Certification of human rights claim. Court of Session: Refusing a judicial review petition by a Pakistani citizen who had been notified of his liability to deportation following convictions for sexual offences against children and who sought reduction of a decision to certify his human rights claim, the court held that although the certification process did not comply with the requirements of procedural fairness and it was not clear from her decision letter that the respondent carried out the separate proportionality assessment in respect of certification which she had to carry out, reduction would be pointless because there was no doubt the respondent would reach the same decision if she followed the correct approach.
Immigration – Deportation – Certification of human rights claim. Court of Session: Refusing a judicial review petition by a Pakistani citizen who had been notified of his liability to deportation following convictions for sexual offences against children and who sought reduction of a decision to certify his human rights claim, the court held that although the certification process did not comply with the requirements of procedural fairness and it was not clear from her decision letter that the respondent carried out the separate proportionality assessment in respect of certification which she had to carry out, reduction would be pointless because there was no doubt the respondent would reach the same decision if she followed the correct approach.
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