An Afghan former judge has succeeded in his judicial review challenging the decision to refuse his relocation to the UK.

The Defence Afghan Relocation and Resettlement Review Panel found the lawyer and his family were not eligible for relocation to the UK under the Afghan Relocations and Assistance Policy (ARAP).

The claimant, who is not named in the High Court judgment, relied on his service in Afghanistan as a criminal defence lawyer and then as a judge in Helmand Province. There was an attempt on his life in 2020 ‘for which the Taliban took responsibility’.

The judgment added: ‘The claimant and his family have lived in hiding in various places and fear being detected and turned over to the Taliban. They are aware the Taliban have visited family members seeking their whereabouts.’

Mr Justice Julian Knowles found the review panel put an ‘unwarranted gloss’ on the meaning of one of the categories', used to decide eligibility for relocation, conditions. He added that its ‘reasoning was plainly faulty’.

The first two conditions in the category were ‘plainly satisfied on the evidence’. The judge found he was ‘satisfied on all of the evidence’ that the claimant and his family are at ‘real risk from the Taliban in Afghanistan’.

Finding the claimant’s case succeeded, the judge said: ‘It is beyond doubt that the claimant’s work as a defence lawyer and judge over a number of years (especially in relation to terrorism, narcotics and corruption cases) made substantive and positive contribution towards the achievement of the UK government’s national security objectives.’

‘The claimant…performed significant activities which were closely aligned with the democracy-building and rule of law building activities of the UK Government in Afghanistan and in Helmand in particular. He made significant contributions to the building of a properly functioning criminal justice system in the fields of terrorism, anti-narcotics, and anti-corruption, among others.'

As a result of the judgment, the defence secretary must now consider whether the other conditions for relocation are met.

 

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