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Immigration – Asylum – Refusal of leave to appeal. Court of Session: In judicial review proceedings in which a failed Afghan asylum seeker challenged a decision of the Upper Tribunal (UT) refusing him leave to appeal against a decision of the First Tier Tribunal, and also applied for interim suspension of a subsequent decision to return him to Afghanistan, the court, granting the motion for interim suspension along with first orders, held that the petitioner had presented a prima facie case that there was a compelling reason for the court to review the UT's decision.
Immigration – Asylum – Refusal of leave to appeal. Court of Session: In judicial review proceedings in which a failed Afghan asylum seeker challenged a decision of the Upper Tribunal (UT) refusing him leave to appeal against a decision of the First Tier Tribunal, and also applied for interim suspension of a subsequent decision to return him to Afghanistan, the court, granting the motion for interim suspension along with first orders, held that the petitioner had presented a prima facie case that there was a compelling reason for the court to review the UT's decision.
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