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Tehrani v Secretary of State for the Home Department [2006] UKHL 47

Save in exceptional circumstances, the appropriate forum for the judicial review of a refusal of leave to appeal by the Immigration Appeals Tribunal was the Court of Session where the adjudicator made his determination in Scotland, and the High Court where the adjudicator made his determination in England.

27 October 2006

The appellant (T) appealed against a decision of the Court of Session ([2004] SLT 461) refusing his reclaiming motion against an interlocutor dismissing his petition for judicial review and sustaining a plea of no jurisdiction by the respondent secretary of state. T was an Iranian citizen who sought asylum in the UK. He had resided in Scotland since April 2001. His application for asylum was refused, and his appeal against that refusal was dismissed by an adjudicator. The adjudicator sat in Durham for the convenience of T’s solicitor, who lived in Sheffield. T then sought leave to appeal to the Immigration Appeals Tribunal. The IAT, sitting in London, refused his application. The Court of Session held that it had supervisory jurisdiction where the immigration adjudicator had sat in Scotland and the IAT sitting in London had refused permission to appeal, but did not have jurisdiction in T’s case because the adjudicator and the IAT had sat in England. T contended that the Court of...

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