S O Against The Secretary Of State For The Home Department
| Jurisdiction | Scotland |
| Judge | Lord Mulholland |
| Neutral Citation | [2018] CSOH 50 |
| Docket Number | P650/17 |
| Date | 18 May 2018 |
| Court | Court of Session |
| Published date | 18 May 2018 |
OUTER HOUSE, COURT OF SESSION
[2018] CSOH 50
P650/17
OPINION OF LORD MULHOLLAND
In the cause
S O
Petitioner
against
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Petitioner: Caskie; Drummond Miller LLP
Respondent: Anderson; Office of the Advocate General for Scotland
18 May 2018
Introduction
[1] This is a Judicial Review of a decision of the respondent dated 20 April 2017 that the
petitioner has not made a fresh claim to remain in the United Kingdom (UK). The petitioner
seeks reduction of that decision.
2
Immigration history
[2] The petitioner is a citizen of Cote D'Ivoire (hereinafter referred to as the Ivory Coast).
He arrived in the UK on 9 March 2011. He sought asylum. This was refused on 8 April 2011.
He appealed, and the first-tier hearing was dismissed on 24 May 2011. He appealed to the
Upper Tribunal who dismissed the appeal on 14 October 2011. He sought to challenge that
decision, but his appeal rights ended on 11 July 2012. On 22 August 2012 he lodged further
submissions which were refused on 5 September 2012. On 28 September 2012 he lodged
further submissions which were also refused on 17 October 2012 (6/3 of the inventory of
process). On 12 December 2012 and 10 July 2015, he lodged more further submissions which
were refused (6/2 of the inventory of process). A judicial review was raised challenging this
decision. On 15 February 2016 permission to proceed was refused. An oral hearing was
requested and heard on 10 March 2016 when permission to proceed was refused. This
decision was reclaimed but subsequently abandoned (6/4 of the inventory of productions is
the reclaiming print). On 2 March 2017 the petitioner lodged more further submissions
(6/3 of the inventory of process) which were refused on 20 April 2017 (6/1 of the inventory of
process). The refusal is the subject of this review.
The petition for judicial review
[3] The representations considered by the respondent in her previous decisions related
to the petitioner's mental state and indicated that the petitioner suffers from a major
depressive disorder with psychotic symptoms and Post Traumatic Stress Disorder (PTSD). It
was submitted that there was a risk of suicide if removal was to be instigated. It was also
submitted that on-going appropriate medical treatment was essential for the petitioner's
mental health (statement 10). The facilities available to treat mental health in the Ivory Coast
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Sekou Louis Telesphore Ouattara Against The Secretary Of State For The Home Department
...should be granted as sought.” 10 The opinion of the Lord Ordinary [8] The Lord Ordinary refused the petition for judicial review ([2018] CSOH 50). In his opinion, the Lord Ordinary noted inter alia: “[3] … It was accepted by the petitioner that the respondent, in refusing the petitioner’s c......