Scottish Human Rights Law Group

 
Structural impartiality and immigration judges
In similar vein to the ruling of the Appeal Court in Starrs v. Ruxton, a decision here by a part-time special adjudicator appointed by the Lord Chancellor to consider immigration and asylum appeals in Scotland was struck down on the basis that the Scottish court considered that there were insufficient formal guarantees in the terms and conditions …

The decision to deport was upheld as Convention compatible in  circumstances of illegal entry followed by marriage of less than 2 years duration at the time of enforcement action, on the basis that it was not unreasonable for the applicant’s wife to move with him to Pakistan and maintain their family life there.
Full report available here.

The Inner House observed that if there was any material risk that the petitioner would be permanently separated from his wife and child, the rights conferred by article 8 would be very much in point. [1]
Full report available here.
[1] Compare and contrast however the decisions to reject Article 8 based claims in, among others: Singh v Secretary of State for …

Lord Eassie in upholding a judicial review challenge to a decision to deport an Algerian national.  He had entered the country illegally in 1992 and had contracted a marriage four years later.  It was held that the Secretary of State had failed to take any proper  notice of the fact of the marriage had taken place binding himself instead to …

The Italian Ministry of Justice sought the extradition of the accused, who had been convicted of being involved in the commission of organised crime in Italy. His extradition to Italy was ordered by the Scottish Ministers following a hearing before a sheriff.    In his appeal against the decision to the High Court of Justiciary it was argued, inter alia, that …