High Court considers Afghan relocation claims
The High Court has approved a judicial review of the ARAP decision regarding a former Afghan official's relocation eligibility
In a notable development regarding the Afghan Relocations and Assistance Policy (ARAP), the High Court has granted permission for a judicial review concerning the case of a former senior Afghan official known as “BVD”. Represented by Duncan Lewis Solicitors, BVD is contesting the Ministry of Defence's (MoD) ruling that deemed him ineligible for relocation to the UK under ARAP Category 4.
The crux of the legal issue centres on Category 4 of the policy, which allows for the relocation of Afghan nationals if they contributed significantly to the UK mission in Afghanistan before the Taliban takeover in August 2021 and are now at risk of retribution. This promotion of individuals involved in countering terrorism, suppressing the narcotics trade, and tackling corruption raises the question: what constitutes a meaningful contribution to the UK's national security objectives?
Solicitor Jamie Bell highlighted the importance of the case saying “This case raises an important issue about how the UK honours its commitments to those who worked alongside it in Afghanistan. Our client played a senior role in delivering UK-funded programmes aimed at strengthening governance and tackling corruption. It is right that the Court will now consider whether such work falls within the protection ARAP was designed to provide.”
BVD held various senior positions across multiple Afghan government departments prior to the collapse of the regime. His responsibilities included overseeing UK-funded stabilisation projects that targeted governance and anti-corruption measures. Despite initial applications for relocation being submitted in August 2021, he has faced repeated refusals and protracted delays from the MoD.
Although the Ministry has acknowledged BVD's substantial collaboration with UK officials, it has disputed the relevance of his contributions to the UK’s national security objectives. They have described his role as limited primarily to financial and risk management, neglecting the vital governance and anti-corruption aspects that formed the foundation of UK-funded initiatives.
After facing continued refusals, BVD initiated fresh judicial review proceedings in August 2025. The Administrative Court recognised the urgency due to BVD's precarious situation in Pakistan, where those affiliated with the previous Afghan government risk arrest and deportation to Afghanistan. Following an oral hearing, the High Court has now permitted the judicial review, with a full hearing anticipated to take place in May.
This case is poised to clarify the interpretation of ARAP Category 4 and could significantly impact other former Afghan officials who participated in non-combat but strategically crucial roles alongside the UK. BVD is represented by Jamie Bell and Hamish Dick from Duncan Lewis Solicitors, with counsel from Rebecca Chapman of Garden Court Chambers.
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