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Immigration – Asylum – Judicial review. Court of Session: Refusing a judicial review petition brought by an asylum seeker after the First-tier Tribunal (FTT) allowed his asylum claim on appeal and the Upper Tribunal (UT) subsequently set aside the FTT decision and directed that there be a re-determination, the court held that the UT decision was competently amenable to judicial review, the petition raised 'a point of principle or practice' and the judicial review application was not barred by delay by the petitioner, however the UT determination would and should have been no different if it had been made after the Supreme Court's decision in another case concerning the treatment and evidential value of language analysis for the determination of origin.
Immigration – Asylum – Judicial review. Court of Session: Refusing a judicial review petition brought by an asylum seeker after the First-tier Tribunal (FTT) allowed his asylum claim on appeal and the Upper Tribunal (UT) subsequently set aside the FTT decision and directed that there be a re-determination, the court held that the UT decision was competently amenable to judicial review, the petition raised 'a point of principle or practice' and the judicial review application was not barred by delay by the petitioner, however the UT determination would and should have been no different if it had been made after the Supreme Court's decision in another case concerning the treatment and evidential value of language analysis for the determination of origin.
The Chair of the Bar sets out how the new government can restore the justice system
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The Chair of the Bar sets out how the new government can restore the justice system
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