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Petition Of Oa Against Secretary Of State For The Home Department

Judgment Cited authorities 3 Cited in Precedent Map Related
Vincent
JurisdictionScotland
JudgeLord Malcolm
Neutral Citation[2022] CSOH 1
Docket NumberP1094/20
Date07 January 2022
CourtCourt of Session
Published date07 January 2022
OUTER HOUSE, COURT OF SESSION
[2022] CSOH 1
P1094/20
OPINION (no 2) OF LORD MALCOLM
In th e petition of
OA
Petitioner
against
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Pursuer: A. Caskie advocate; Drummond Miller LLP
Defender: C. Pirie advocate; Office of the Advocate General
7 January 2022
[1] The petitioner was successful in a judicial review brought on behalf of a young
adopted child who had applied under the EU Settlement Scheme for permission to join him
in family in the UK. The full circumstances are set out in my earlier opinion, see [2021]
CSOH 80. Reduction was sought of a determination of the First-tier Tribunal (FtT) that there
was no righ t of appeal against a decision of the Secretary of State for the Home Department
refusing the application. The Secretary of State did not enter appearance. While there were
unu sual features to the case, the determination was quashed on only one ground, namely
that the FtT either failed to engage with the grounds of appeal or provided inadequat e

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