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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.
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