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OPINION OF LORD TYRE In the petition O M (Petitioner) against SECRETARY OF STATE FOR THE HOME DEPARTMENT (Respondent) [2018] CSOH 17

The observation by the court in MIAB at paragraph 68 that many of the time-limits in the Dublin III Regulation are solely intended to regulate the position as between different member states is, at least as regards the six month time limit in article 29(1), inconsistent with the Court’s ruling that an applicant is entitled to rely upon expiry of the time limit in order to resist a transfer to the requested state. The same goes for the obiter observation of the Lord Ordinary in BM at paragraph 26 that the time limits in article 29(1) are solely intended to regulate the matter between member states. nothing in Shiri that casts any doubt on the correctness of the views expressed in both MIAB and BM regarding the suspensive effect of an administrative cancellation of removal directions falling within article 27(4).

12 March 2018 | Judicial Body: United Kingdom: Court of Session (Scotland) | Document type: Case Law | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Suspensive effect | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

A v Secretary of State for the Home Department

27 May 2016 | Judicial Body: United Kingdom: Court of Session (Scotland) | Document type: Case Law | Topic(s): Asylum-seekers - Family reunification - Refugees | Countries: Uganda - United Kingdom of Great Britain and Northern Ireland

A. v. Secretary of State for the Home Department

27 May 2016 | Judicial Body: United Kingdom: Court of Session (Scotland) | Document type: Case Law | Topic(s): Family reunification - Right to family life | Countries: Uganda - United Kingdom of Great Britain and Northern Ireland

N.S. v Secretary of State for the Home Department

6 November 2014 | Judicial Body: United Kingdom: Court of Session (Scotland) | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - False documents - Palestinian - Prison or detention conditions | Countries: Jordan - United Kingdom of Great Britain and Northern Ireland

Opinion of Lord Armstrong in the Petition JB (AP) for judicial review of a decision of the Secretary of State

14 August 2014 | Judicial Body: United Kingdom: Court of Session (Scotland) | Document type: Case Law | Topic(s): Safe third country - Survivors of trafficking / Persons at risk of trafficking - Trafficking in persons | Countries: Nigeria - United Kingdom of Great Britain and Northern Ireland

EN v The Secretary of State for the Home Department

28 May 2014 | Judicial Body: United Kingdom: Court of Session (Scotland) | Document type: Case Law | Topic(s): Habitual residence - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Well-founded fear of persecution | Countries: United Kingdom of Great Britain and Northern Ireland - Zimbabwe

MH v The Secretary of State for the Home Department

30 August 2011 | Judicial Body: United Kingdom: Court of Session (Scotland) | Document type: Case Law | Topic(s): Right to family life | Countries: Pakistan - United Kingdom of Great Britain and Northern Ireland

I.A. v. Asylum and Immigration Tribunal

On appeal from the Asylum and Immigration Tribunal

1 April 2011 | Judicial Body: United Kingdom: Court of Session (Scotland) | Document type: Case Law | Topic(s): Mandate status - Refugees - UNHCR mandate | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

K.M. v. Secretary of State for the Home Department

Application for judicial review.

8 March 2011 | Judicial Body: United Kingdom: Court of Session (Scotland) | Document type: Case Law | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Fresh / New claim - Persecution based on political opinion - Persecution of family members | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

R.A. v. Secretary of State for the Home Department

Application for judicial review.

2 March 2011 | Judicial Body: United Kingdom: Court of Session (Scotland) | Document type: Case Law | Topic(s): Complementary forms of protection - Fresh / New claim - Rejected asylum-seekers - Right to family life | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

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