Secretary of State for the Home Department v Mdluli

Immigration – Leave to appeal – Judicial review. Court of Session: Allowing a reclaiming motion in judicial review proceedings in which the Lord Ordinary granted the prayer of the petition and reduced a decision of the Upper Tribunal (UT) refusing the petitioner leave to appeal against a decision of the First Tier Tribunal, the court held that there was nothing in the Lord Ordinary's opinion to persuade it that he had considered and decided the merits of the judicial review and it was clear that he failed to recognise that the court's interlocutor following a procedural first hearing did not determine the merits.

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