Jasim for Judicial Review: Decision-maker Discretion and Quality of Process in Making Delegated Legislation

In Jasim,1 a student brought a judicial review action against the decision of the Student Awards Agency for Scotland (SAAS) to refuse state funding to support her studies because she did not meet the eligibility criteria set down in the relevant Regulations. She challenged the lawfulness of the underlying Regulations on the basis that they were contrary to her rights under the European Convention on Human Rights (ECHR). The Outer House of the Court of Session upheld her petition, confirming that the Regulations were unlawful. The final orders made in the case have not been published, but it has been reported by the petitioner's backers that the Scottish Government has committed to introducing interim measures followed by new Regulations in due course.