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Helow v Advocate General for Scotland
May 2, 2009 | No Comments
The Inner House of the Court of Session refused an application by a woman of Palestinian ethnicity who sought to set aside an interlocutor of the Lord Ordinary refusing her application for statutory review under the Nationality, Immigration and Asylum Act 2002 s. 101 of the Immigration Appeal Tribunal’s refusal to give her permission to appeal.
The petitioner had alleged that by reason of the judge’s membership of the International Association of Jewish Lawyers and Jurists, she lacked the necessary appearance of impartiality in her determination of H’s application. The court considered that no fair-minded and informed observer might conclude that there was a real possibility of bias on the Lord Ordinary’s part by reason simply of the strongly pro-Israel views set forth in the member’s magazine produced by (and speeches pronounced in the name of) the association.
This is available to read here
Art. 06 Right to a Fair Trial, Asylum & Immigration Law, International Law
