Author: Iain Halliday

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Iain Halliday

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.

Depending on which pundit you speak to, a no-deal Brexit has either got more likely or less likely over the last couple of weeks. It remains the default if the UK-EU withdrawal agreement is not passed at the third time of asking, and a further extension is not agreed by...

26th March 2019
BY Iain Halliday

The Upper Tribunal has held that the non-EU partner of an EU citizen cannot start accruing time towards permanent residence status until they have a residence card, pointing out the well established distinction between family members and extended family members in EU free movement law. In short: a person married...

26th February 2019
BY Iain Halliday

With so much focus on whether an asylum seeker has established a well founded fear of persecution in their country of origin, the question of whether their appeal falls to be allowed under Article 8 of the European Convention on Human Rights is often given only cursory attention. However, it...

19th February 2019
BY Iain Halliday

Migrants who would otherwise have no legal right to remain in the UK can appeal against their removal on the basis of their human rights. Usually they rely on Article 8 of the European Convention on Human Rights, which protects the right to private and family life. Article 8 is...

30th January 2019
BY Iain Halliday

Regular readers of this blog will, by now, be well aware of the Supreme Court’s decision in KO (Nigeria) which determined the correct approach in immigration cases involving children who are either British or who have lived in the UK for seven years. However many, particularly those outside Scotland, may...

17th December 2018
BY Iain Halliday

In SR (subsisting parental relationship – s117B(6)) Pakistan 2018 UKUT 3345 (IAC), the Upper Tribunal examines the various pieces of law relevant to deciding whether someone who has a child in the UK should be allowed to stay here. The case is helpful for two reasons: The Home Office’s approach...

16th October 2018
BY Iain Halliday

Last week the Scottish Court of Session agreed to make a reference to the Court of Justice of the European Union in Luxembourg to determine whether the UK’s notice that it is leaving the EU under Article 50 can be cancelled. The case, formally known as Wightman & Others v...

26th September 2018
BY Iain Halliday

With the Article 50 deadline fast approaching, there has been growing concern that the UK will leave the European Union with “no deal”. If no withdrawal agreement making provision for a transition period is reached by 29 March 2019, the UK will fall out of the EU without an agreement...

30th August 2018
BY Iain Halliday

In short: the Home Office are frequently refusing them. This may not come as a surprise to immigration lawyers, who are all too familiar with the Home Office’s culture of disbelief, but it has come as a nasty shock to many artists, authors, and performers refused entry to the UK...

13th August 2018
BY Iain Halliday

The decision in Khan & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1684 brings to an end the long-running ETS saga, so called after the Educational Testing Service company that discovered large-scale cheating on its Home Office-approved English exams. In a previous case the Court...

25th July 2018
BY Iain Halliday
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