Taimour Lay

Overview

Taimour's immigration work covers the full range of tribunal appeals including asylum and Article 8 ECHR (private and family life). He is also regularly instructed in judicial reviews in both the High Court and the Upper Tribunal for urgent challenges to removal and unlawful detention. He assists individuals to regularise their status if they have overstayed while also specialising in exclusions, allegations of deception, PBS challenges and visit visa refusals. Clients often need a full review of their immigration history in order to identify a new path forward. Taimour helps with fresh claim representations and appeal grounds on a public access basis if your hearing has not gone the way you wanted.

Notable Cases

AM Zimbabwe applies to destitution claims
Ainte (material deprivation, Art 3, AM Zimbabwe) [2021] UKUT 203 (IAC)
Upper Tribunal guidance on the new Article 3 ECHR breach threshold for socio-economic deprivation.

High Court orders release from immigration detention
R (on the application of Osadebay) v Secretary of State for the Home Department [2020] 8 WLUK 80
Mr Justice Linden granted interim relief and costs to the Claimant.

Challenge to Dublin III transfer to Bulgaria
R (HSF) v Secretary of State for the Home Department [2019] UKAITUR JR112832014
Complex Dublin III challenge succeeded on basis of unlawful certification. Led by Mark Symes.

Afghan fresh claim judicial review succeeds
FS (Afghanistan) v Secretary of State for the Home Department JR/10273/2015
Settled following permission by Court of Appeal against UT judgment.

Successful quashing of age assessment
R(Q) v Leicestershire County Council & Anor [2016] EWHC 2087
Successful judicial review establishing that an Eritrean asylum-seeker was a child upon arrival in the UK. Claim for unlawful detention also later settled.

Challenge to Iraqi migrant's conviction
R v YY [2016] EWCA Crim 18
Recipient of Humanitarian Protection from Iraq prosecuted for document offence. Appeal against conviction heard by Sir Brian Leveson.

War Crimes exclusion
AA (Rwanda) v Secretary of State for the Home Department [2014] UKAITUR
Upper Tribunal appeal involving attempted refugee exclusion of Rwandan national accused of war crimes. Three-day hearing before panel. Junior Counsel to Duran Seddon.

Overview

Taimour is a member of the INQUEST Lawyers Group and the Garden Court Chambers Inquests Team. He represents bereaved families at Coroner's inquests involving state authorities, including prison and immigration detention as well as patients who have died while detained or under the care of mental health services in the community. He also brings damages claims arising from breach of duties by the state, including Article 2 ECHR and negligence.

Notable Cases

Jury find neglect in Daryl Hargrave Inquest
Jury found that "neglect" had contributed to the death of a 22-year-old prisoner suffering from psychosis at HMP Winchester. Coverage by the BBC and the Guardian.

Inquest exposes Carillion contract failure
The Ministry of Justice policy gap identified during the inquest into death of Sean Plumstead was taken up by the shadow secretary of state for justice.

Met Police subject to criticism in Faisa Ahmed Inquest
The jury returned a narrative conclusion critical of the police and London Ambulance Service. The Coroner issued three Reports to Prevent Future Deaths. Taimour successfully obtained interim relief from the High Court in 2015 to ensure the inquest was human rights compliant. A civil claim against the Metropolitan Police subsequently succeeded. Extended coverage by The Guardian and Sky News.

Overview

Notable Cases

Upper Tribunal allows appeal on basis of disputed trafficking definition
JFK v Secretary of State for the Home Department [2018] UKAITUR PA068542016
Successfully argued that the Convention had been misconstrued.

Court of Appeal considers Victim of Trafficking's historic conviction
R v Okedare & Ors [2014] EWCA Crim 228
Application for appeal against conviction of a victim of trafficking. Heard by special panel of the Court of Appeal.

Crown Court overturns conviction of cannabis farm victim of trafficking
R (TT) at Lincoln Crown Court [2014]
A successful application to the Criminal Cases Review Commission led to referral to the Crown Court which quashed the conviction at a hearing in 2014.