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Afghan judge wins judicial review of refusal of leave

Afghan judge wins judicial review of refusal of leave

A former judge from Afghanistan refused leave to enter the United Kingdom has won part of his case against the Home Office. The judge had sat on innumerable cases involving Taliban fighters and he and his family are currently in hiding. He did not qualify for entry under the criteria for the various British evacuation schemes but it was argued he should be allowed in outside the normal rules. Part of his case was that officials had not considered the judge’s contribution to the rule of law in Afghanistan. The Upper Tribunal ruled both that this was a material consideration and there had been a failure to consider it.

The judge’s application will now be reconsidered; as with all applications for judicial review, the outcome may ultimately be the same but for different reasons.

R (JZ) v Secretary of State for the Home Department [2023] UKAITUR JR2022LON001012

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.

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