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.

As regular readers of this blog will be aware, the Home Office’s latest statement of changes to the Immigration Rules comes into force tomorrow (Friday 6 July 2018). Nath has summarised the various changes being introduced in a previous post. Although a relatively small part of a fairly lengthy statement...

5th July 2018
BY Iain Halliday

The Court of Session has refused 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. Given that the subject matter involved “the most contentious and political...

11th June 2018
BY Iain Halliday

Just a few days ago Thomas Beamont wrote on this blog about the Court of Appeal’s decision in Mwesezi v Secretary of State for the Home Department [2018] EWCA Civ 1104 in which the court upheld a decision to deport a foreign criminal. In Secretary of State for the Home...

6th June 2018
BY Iain Halliday

A lawyer is not merely a conduit through which their client’s grievances can be aired in court. The grievance must be formulated into a coherent and stateable case and presented in a professional, honest, and courteous manner. The Solicitors Regulation Authority requiressolicitors in England and Wales to refrain from any “attempt...

27th April 2018
BY Iain Halliday

Last month the Court of Appeal considered the rules governing deportation of foreign criminals. The case is Secretary of State for the Home Department v SC (Jamaica) [2017] EWCA Civ 2112, which concerned a Jamaican national originally granted asylum as a dependant of his mother in 2003. The court considers...

9th January 2018
BY Iain Halliday

Today’s decision in Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134 confirms that if the Home Office wishes to impose visa conditions, it must give people written notice of those conditions. If the Home Office fails to do this, or is unable to produce evidence...

15th December 2017
BY Iain Halliday

The Court of Appeal has reluctantly agreed that the Home Office has the power to ignore a First-tier Tribunal’s decision to grant bail to an immigration detainee. However, on the particular facts of the case, the decision to refuse consent to bail was deemed unlawful. Despite the impropriety of a...

24th November 2017
BY Iain Halliday
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