Stephen Winter successfully represented the petitioner in the case of BC v Secretary of State for the Home Department [2017] CSOH 83.

The petitioner had sought to remain with his family in the UK. The Home Office rejected the claim and a judicial review was raised against that refusal.

The Court held that the Home Office had applied the wrong test when assessing whether family life was engaged.  Accordingly, it could not be said that the decision had correctly assessed the proportionality of removing the petitioner and it could not be said that the same decision would inevitably be reached.

The full decision can be read by folliwung the link at the top of the page.