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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) | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Suspensive effect | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

G.A.O. v. Secretary of State for the Home Department

Petition for judicial review.

13 July 2010 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Fresh / New claim - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Public health | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

F.H. v. Secretary of State for the Home Department

Application for leave to appeal.

14 October 2009 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Racial / Ethnic persecution | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

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

Petition for judicial review.

30 April 2009 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Appeal / Right to appeal - Manifestly unfounded / Clearly abusive claims - Racial / Ethnic persecution | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

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

Application for Leave to Appeal under Section 103B of the Nationality Immigration and Asylum Act 2002 against a decision of the Asylum and Immigration Tribunal.

23 April 2009 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Appeal / Right to appeal - Beja - Credibility assessment - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

NO v. Secretary of State for the Home Department

Application for permission to appeal.

28 March 2008 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): IDP camps - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

AM v. Secretary of State for the Home Department

23 October 2007 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Credibility assessment - Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

In the petition of JB for judicial review of a decision by the Secretary of State to certify the petitioner's asylum claim in terms of section 96(1)(a)-(c) of the Nationality, Immigration and Asylum Act 2002 (as amended)

10 July 2007 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Appeal / Right to appeal - Female genital mutilation (FGM) - Manifestly unfounded / Clearly abusive claims - Proof of nationality | Countries: Sudan - Uganda - United Kingdom of Great Britain and Northern Ireland

Hamden v. Secretary of State for the Home Department

1 December 2006 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Arbitrary arrest and detention - Credibility assessment - Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Nuba - Persecution based on political opinion - Racial / Ethnic persecution | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

Abel Salam Hamden (also known as Eltayeb Hamdan) v. Secretary of State for the Home Department

1 December 2006 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Arbitrary arrest and detention - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Nuba - Persecution based on political opinion | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

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