Mr Sokha had entered and remained in England illegally. He was found and detained in prison in England by the authority of an immigration officer. He began initiated proceedings in the Court of Session for judicial review of the decision to detain him in prison, believing that he had a better prospect of obtaining conditional release from a Scottish court than an English court. The Secretary of State had accepted that the Scottish court had jurisdiction.
Held: The court dismissed the petition. The Scottish courts were a wholly inappropriate forum, and the English courts were the obvious and natural forum, for any scrutiny of the decisions to detain the petitioner and keep him in detention.
Judges:
Lord Ordinary (Prosser)
Citations:
1992 SLT 1049
Cited by:
Cited – Tehrani v Secretary of State for the Home Department HL 18-Oct-2006
The House was asked whether an asylum applicant whose original application was determined in Scotland, but his application for leave to appeal rejected in London, should apply to challenge those decisions in London or in Scotland.
Held: Such . .
Lists of cited by and citing cases may be incomplete.
Immigration, Scotland
Updated: 01 May 2022; Ref: scu.245386