A fifth decision on the same application made under the Afghan Relocations and Assistance Policy has just been quashed on the grounds of unfairness, meaning
The Upper Tribunal has given useful guidance on when such grants can be made to non-Afghan nationals as well as setting out a summary of
Anecdotal evidence of a recent increase in Afghan asylum refusals, along with publication of two updated country policy and information notes suggests that the Home
The Upper Tribunal has held that an Afghan man who was living in Ukraine at the time of the Russian invasion and who wanted to
As the third anniversary of the Operation Pitting flights loom, the Home Secretary has finally announced a scheme, Afghan Citizens Resettlement Scheme Pathway 1 Stage
The Independent Chief Inspector of Borders and Immigration’s report on the Afghan relocation and resettlement schemes reveals yet another undisclosed pause on cases, this one
The Court of Appeal has rejected a claim that Afghan nationals have been unlawfully treated less favourably than Ukrainians when it comes to the requirement
During judicial review proceedings it has been disclosed that around 80 children were evacuated from Afghanistan and separated from their families and a new route
The Court of Appeal has told the Ministry of Defence that they must reconsider whether an Afghan former Supreme Court judge is eligible for resettlement
This is another successful challenge from a former Afghan judge who was unlawfully excluded from the Afghan Relocations and Assistance Policy scheme (ARAP). The case
In the latest case challenging a decision made under the Afghan Relocation and Assistance Policy, the High Court has quashed the refusal decision on the
The High Court has quashed decisions refusing leave to two journalists under the Afghan Relocations and Assistance Policy, known as ARAP. ARAP governs the circumstances
The Home Secretary was entitled to refuse entry clearance to an Afghan interpreter accused of releasing sensitive information and threatening to kill coalition forces. That
The High Court has found that the Secretary of State for Defence had not given full and adequate reasons and had acted contrary to its
The High Court has confirmed that the restrictive parameters of the Afghan Citizens Resettlement Scheme put in place in January 2022 do not stray from
The High Court has rejected a challenge to the Secretary of State’s decision to move a group of Afghan families rescued from the Taliban in
In AB v Secretary of State for the Home Department & Ors [2023] EWHC 287 (Admin), the High Court found that the Home Office did
In yet another Afghan evacuation case, the court in KBL v Secretary of State for the Home Department [2023] EWHC 87 (Admin) looked at whether
The fall of Kabul in August 2021 prompted an emergency evacuation of around 15,000 people eligible for repatriation or relocation in the UK. Within weeks,
The High Court has quashed a decision to refuse entry to the children of an Afghan judge who was relocated to the UK under the
The Home Office has published a new statement of changes to the Immigration Rules (HC 719). The explanatory memorandum confirms that the changes are largely
The High Court has confirmed that the Home Office is obligated to consider exercising discretion to waive or delay the requirement to enrol biometrics before
Our anonymous contributor considers the non-availability of legal aid in the context of a recent Afghan case, and what the future holds for legally aided
This post is a wrap up of recent Afghan evacuation litigation in the High Court and Court of Appeal covering the cases of: A lot
Afghan citizens trying to escape the Taliban takeover in Afghanistan have become caught up in the UK government’s latest attempt to revise refugee policy. They
Whilst many of us were focused on the Rwanda flight, injunction applications and subsequent appeals, the government on 13 June 2022 made some further announcements
The High Court has provided a glimmer of hope for some Afghan citizens seeking urgent relocation to the UK through applications for leave outside the
The Home Office has been ordered to make a decision in principle on an Afghan judge’s visa before making him come out of hiding to
The Home Office has published new guidance for Afghan citizens who are already in the UK on study and work routes. The document outlines concessions
And just like that we have a new statement of changes to the Immigration Rules. HC 913 was laid yesterday, 14 December 2021, and solely
Two months ago, the Home Office withdrew all but one of its country policy and information notes (CPINs) relating to Afghanistan. New decisions on Afghan
Like many refugee lawyers I have watched in horror as the Taliban, taking their cue from the US troop withdrawal, have swept through Afghanistan. At
A High Court judge has granted immigration bail to an Afghan detainee and made findings which will be helpful to those representing other detainees seeking
In AS (Safety of Kabul) Afghanistan CG [2020] UKUT 130 (IAC) the Upper Tribunal has approved its 2018 decision that a returning male in good
The Sikh community in Afghanistan used to be a sizeable religious minority within that country, but the effect of persecution over the past 30 years
In March 2018, the Upper Tribunal promulgated the country guidance decision AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118. The tribunal dismissed AS’s appeal
There are a considerable number of asylum claims in the UK by young Afghan boys and men. The number should not be overstated, though. The
The Upper Tribunal has in AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118 (IAC) given new country guidance in cases concerning removal to Kabul.
A new report helps fill some of the gaps in our understanding of the situation facing young men sent back to Afghanistan, writes Maya Pritchard
A fifth decision on the same application made under the Afghan Relocations and Assistance Policy has just been quashed on the grounds of unfairness, meaning that a sixth decision will now need to be made. The Foreign Secretary unsuccessfully tried to conceal the names of the civil servants involved. Once...
The Upper Tribunal has given useful guidance on when such grants can be made to non-Afghan nationals as well as setting out a summary of the legal principles to be followed on the interpretation of policy. The case is R (Bam Bahadur Gurung) v Secretary of State for the Home...
Anecdotal evidence of a recent increase in Afghan asylum refusals, along with publication of two updated country policy and information notes suggests that the Home Office has changed its approach to those who have come to the UK from Afghanistan and sought protection. Background I wrote previously about the history...
As the third anniversary of the Operation Pitting flights loom, the Home Secretary has finally announced a scheme, Afghan Citizens Resettlement Scheme Pathway 1 Stage 2, that will allow for evacuated families to be reunited. Background In August 2021, the world watched in horror as the Taliban began to overwhelm...
The Independent Chief Inspector of Borders and Immigration’s report on the Afghan relocation and resettlement schemes reveals yet another undisclosed pause on cases, this one relating to grants of entry clearance for those who met the requirements of the Afghan Relocations and Assistance Policy (ARAP). Between October 2022 and March...
The Court of Appeal has rejected a claim that Afghan nationals have been unlawfully treated less favourably than Ukrainians when it comes to the requirement to enrol biometrics as part of an entry clearance application. The case is R (AB) v Secretary of State for the Home Department [2024] EWCA...
During judicial review proceedings it has been disclosed that around 80 children were evacuated from Afghanistan and separated from their families and a new route is to be put in place to facilitate the reunion of these families shortly. The case is R (HR & Ors) v Secretary of State...
The Court of Appeal has told the Ministry of Defence that they must reconsider whether an Afghan former Supreme Court judge is eligible for resettlement to the UK under the Afghan Relocations and Assistance Policy (ARAP). This was following an unsuccessful appeal by the Home Secretary and the Defence Secretary...
This is another successful challenge from a former Afghan judge who was unlawfully excluded from the Afghan Relocations and Assistance Policy scheme (ARAP). The case is MP1, R (On the Application Of) v Secretary of State for Defence [2024] EWHC 410 (Admin). Background MP1 worked as a criminal defence lawyer...
In the latest case challenging a decision made under the Afghan Relocation and Assistance Policy, the High Court has quashed the refusal decision on the basis that it was not supported by the evidence that had been provided in support of the application. The case is R (MA) v Secretary...
The High Court has quashed decisions refusing leave to two journalists under the Afghan Relocations and Assistance Policy, known as ARAP. ARAP governs the circumstances in which the UK will grant leave to relocate to the UK to people who are at risk because they worked for or alongside UK...
The Home Secretary was entitled to refuse entry clearance to an Afghan interpreter accused of releasing sensitive information and threatening to kill coalition forces. That was the conclusion of the High Court in FMA and others v Secretary of State for the Home Department [2023] EWHC 1579 (Admin), the latest...
The High Court has found that the Secretary of State for Defence had not given full and adequate reasons and had acted contrary to its policy when considering an application for settlement in the UK by an individual working with the British embassy in Afghanistan. R (MKA) v Secretary of...
The High Court has confirmed that the restrictive parameters of the Afghan Citizens Resettlement Scheme put in place in January 2022 do not stray from the intention of the policy as it was originally announced in September 2021. R (GA) v Secretary of State for the Home Department and Ors...
The High Court has rejected a challenge to the Secretary of State’s decision to move a group of Afghan families rescued from the Taliban in 2021 from one temporary hotel to another temporary hotel. R(HZ) v Secretary of State for the Home Department [2023] EWHC 660 (Admin) leaves open the...
In AB v Secretary of State for the Home Department & Ors [2023] EWHC 287 (Admin), the High Court found that the Home Office did not discriminate against Afghan nationals, compared to Ukrainian nationals, in the context of the biometrics requirement for entry clearance applications. The facts AB worked as...
In yet another Afghan evacuation case, the court in KBL v Secretary of State for the Home Department [2023] EWHC 87 (Admin) looked at whether the guidance issued for the benefit of potential beneficiaries of the evacuation, known as “Operation Pitting”, created a legitimate expectation that Afghans in similar circumstances...
The fall of Kabul in August 2021 prompted an emergency evacuation of around 15,000 people eligible for repatriation or relocation in the UK. Within weeks, amid intense criticism of the UK government’s mishandling of the situation and leadership failures surrounding the Afghanistan evacuation, Operation Warm Welcome was launched, to ensure...
The High Court has quashed a decision to refuse entry to the children of an Afghan judge who was relocated to the UK under the Afghan Relocations and Assistance Policy. The case of R (BAL) v Secretary of State for Defence [2022] EWHC 2757 (Admin) is a rare example of...
The Home Office has published a new statement of changes to the Immigration Rules (HC 719). The explanatory memorandum confirms that the changes are largely focused on the government’s continued efforts to simplify the rules, and on implementing policy changes that have recently been put in place. The majority of...
The High Court has confirmed that the Home Office is obligated to consider exercising discretion to waive or delay the requirement to enrol biometrics before considering an application in R (KA and others) v Secretary of State for the Home Department [2022] EWHC 2473 (Admin). Ordinarily, individuals applying for entry...
Our anonymous contributor considers the non-availability of legal aid in the context of a recent Afghan case, and what the future holds for legally aided immigration advice. Sara was in Kabul when the Taliban entered the city. Her husband, Hassan, a British national, was in the UK, working towards the...
This post is a wrap up of recent Afghan evacuation litigation in the High Court and Court of Appeal covering the cases of: A lot of the issues cross-over so rather than give you a detailed breakdown of each case, I’ll explore the Court of Appeal’s decision in S & AZ first...
Afghan citizens trying to escape the Taliban takeover in Afghanistan have become caught up in the UK government’s latest attempt to revise refugee policy. They face significant obstacles in obtaining adequate protection. Those who have no choice but to flee for their lives and travel without documents have their applications placed...
Whilst many of us were focused on the Rwanda flight, injunction applications and subsequent appeals, the government on 13 June 2022 made some further announcements about the long-delayed Afghan Citizens Resettlement Scheme. The glacial pace of progress for the Afghan scheme might be contrasted by a cynic with the rapid...
The High Court has provided a glimmer of hope for some Afghan citizens seeking urgent relocation to the UK through applications for leave outside the Immigration Rules. The case is R (S & Anor) v Secretary of State for the Home Department & Ors [2022] EWHC 1402 (Admin). The claimants...
The Home Office has been ordered to make a decision in principle on an Afghan judge’s visa before making him come out of hiding to lodge a formal application. The case is R (JZ) v Secretary of State for Foreign, Commonwealth and Development Affairs & Ors [2022] EWHC 771 (Admin)....
The Home Office has published new guidance for Afghan citizens who are already in the UK on study and work routes. The document outlines concessions to the Immigration Rules for Afghans who entered the UK before 1 September 2021 or applied for a visa by that date and arrive later,...
And just like that we have a new statement of changes to the Immigration Rules. HC 913 was laid yesterday, 14 December 2021, and solely addresses changes to the Afghan Relocations and Assistance Policy (ARAP) and Ex Gratia Scheme for Locally Employed Staff. It came into effect, wait for it…...
Two months ago, the Home Office withdrew all but one of its country policy and information notes (CPINs) relating to Afghanistan. New decisions on Afghan asylum claims were halted, and in the immigration tribunals, Presenting Officers sought adjournments in all existing cases. Where adjournments were refused, Presenting Officers indicated that...
Like many refugee lawyers I have watched in horror as the Taliban, taking their cue from the US troop withdrawal, have swept through Afghanistan. At time of writing, it has been confirmed that the Taliban have taken most of the country, including the major cities of Kandahar, Mazhar-Al-Sharif, Herat and...
A High Court judge has granted immigration bail to an Afghan detainee and made findings which will be helpful to those representing other detainees seeking release during the COVID-19 crisis. The short judgment in (R) Khan v SSHD CO/1366/2020 provides an example of how judges should proceed in light of...
In AS (Safety of Kabul) Afghanistan CG [2020] UKUT 130 (IAC) the Upper Tribunal has approved its 2018 decision that a returning male in good health can safely and reasonably relocate to Kabul subject to individual factors. That decision had been set aside and remitted to the tribunal by the...
The Sikh community in Afghanistan used to be a sizeable religious minority within that country, but the effect of persecution over the past 30 years has meant that 99% have now emigrated. The United Nations and other international observers estimate that there may be only 1,000 Sikhs left in Afghanistan,...
In March 2018, the Upper Tribunal promulgated the country guidance decision AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118. The tribunal dismissed AS’s appeal and provided guidance on the suitability of Kabul as a site for “internal relocation”. It broadly held that relocation to Kabul was generally safe and...
There are a considerable number of asylum claims in the UK by young Afghan boys and men. The number should not be overstated, though. The latest immigration statistics show that Afghans are still outside the top five nationalities claiming asylum in the UK (excluding dependents). They also record that of...
The Upper Tribunal has in AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118 (IAC) given new country guidance in cases concerning removal to Kabul. The new guidance covers two main areas of concern. The first is the risk, on return to Kabul, from the Taliban. The second focuses on...
A new report helps fill some of the gaps in our understanding of the situation facing young men sent back to Afghanistan, writes Maya Pritchard of Asylos. While we await the outcome of AS (Afghanistan), the country guidance case currently before the Upper Tribunal addressing the safety of Kabul, for...
