Iain Halliday is an Advocate (the Scottish equivalent of a Barrister) at Themis Advocates. He specialises in public law, including immigration and asylum, retained EU law, human rights, and judicial review.
The High Court has held that, when judicially reviewing a decision of the Upper Tribunal refusing permission to appeal (known as a Cart judicial review), there is no oral permission […]
The Court of Appeal has upheld the Upper Tribunal’s decision that those who applied for the wrong type of family permit before the end of the Brexit transition period cannot […]
The Court of Session has concluded in SOOY v Secretary of State for the Home Department [2023] CSOH 93 that the Judicial Review and Courts Act 2022 has been effective […]
It is well established that the requirements of procedural fairness will very often require that a person who may be adversely affected by a decision is given an opportunity to […]
An Iranian refugee who, according to MI5, holds an Islamist extremist mindset and is supportive of ISIL (Islamic State of Iraq and the Levant), has won his appeal against revocation […]
The Special Immigration Appeals Commission (SIAC) has concluded that the guidance given by the Supreme Court in Begum v Special Immigration Appeals Commission & Anor [2021] UKSC 7 on how […]
Following the abolition of the “not in accordance with the immigration rules” ground of appeal by the Immigration Act 2014, several cases have considered the relevance of the immigration rules […]
On 6 April 2023, the Home Office started data sharing with the financial sector again. This was foreshadowed in a speech by Prime Minister Rishi Sunak on 13 December 2022. […]
What happens when you accidentally apply for an EU Settlement Scheme Family Permit when you meant to apply for an EEA Family Permit under the Immigration (EEA) Regulations 2016? The […]
Yes, although only in very limited circumstances. This was the conclusion of the Court of Appeal in Alam & Anor v Secretary of State for the Home Department [2023] EWCA […]