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Immigration – Leave to remain. Court of Session: Refusing a judicial review petition challenging the refusal of the petitioner's application for leave to remain in the UK as the spouse of a UK national, the court rejected the contention that the decision was erroneous in law because the decision maker had conflated the British nationality of the petitioner's spouse with the question of whether there were insurmountable obstacles to relocation and had not considered those factors in the context of a 'good arguable case'.
Immigration – Leave to remain. Court of Session: Refusing a judicial review petition challenging the refusal of the petitioner's application for leave to remain in the UK as the spouse of a UK national, the court rejected the contention that the decision was erroneous in law because the decision maker had conflated the British nationality of the petitioner's spouse with the question of whether there were insurmountable obstacles to relocation and had not considered those factors in the context of a 'good arguable case'.
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