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Immigration – Deportation – Exclusion of right of appeal. Court of Session: Refusing a judicial review petition in which the petitioner sought reduction of the Home Secretary's certification excluding a right of appeal and her decision to refuse to revoke a deportation order relating to him, the court held that although the respondent had failed to ask herself whether or not, notwithstanding that the statutory criteria were met, she should exercise her discretion by allowing an appeal to be brought, the petitioner's case was such that it would have been inevitable that, had the respondent properly addressed the discretion, it would have exercised against him.
Immigration – Deportation – Exclusion of right of appeal. Court of Session: Refusing a judicial review petition in which the petitioner sought reduction of the Home Secretary's certification excluding a right of appeal and her decision to refuse to revoke a deportation order relating to him, the court held that although the respondent had failed to ask herself whether or not, notwithstanding that the statutory criteria were met, she should exercise her discretion by allowing an appeal to be brought, the petitioner's case was such that it would have been inevitable that, had the respondent properly addressed the discretion, it would have exercised against him.
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