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Immigration – Expulsion – Right to family life. Court of Session: Refusing a judicial review petition by an Indian national for whom removal directions had been set, who challenged a decision to certify his human rights claim as clearly unfounded, the court held that the court's function when determining the legality of a certificate under s 94 of the Nationality, Immigration and Asylum Act 2002 was one of review, that there was no material error of law in the decision-maker not carrying out an assessment of the petitioner's claim outwith the Immigration Rules, and although the decision letter lacked a clear statement that the decision-maker had concluded that there was no need to go outwith the rules, that error of law was not material.
Immigration – Expulsion – Right to family life. Court of Session: Refusing a judicial review petition by an Indian national for whom removal directions had been set, who challenged a decision to certify his human rights claim as clearly unfounded, the court held that the court's function when determining the legality of a certificate under s 94 of the Nationality, Immigration and Asylum Act 2002 was one of review, that there was no material error of law in the decision-maker not carrying out an assessment of the petitioner's claim outwith the Immigration Rules, and although the decision letter lacked a clear statement that the decision-maker had concluded that there was no need to go outwith the rules, that error of law was not material.
The Chair of the Bar sets out how the new government can restore the justice system
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Possibly, but many barristers are glad he did…
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The Chair of the Bar sets out how the new government can restore the justice system
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