High Court ruling secures Afghan family's safety

AB had worked alongside the UK government to strengthen democracy and the rule of law before the fall of the Afghan Republic in 2021. Despite being offered relocation under the Afghan Relocation and Assistance Policy (ARAP) in September 2023, AB and his family faced months of uncertainty and government inaction, forcing them to remain in hiding.

Amy O’Shea, AB’s solicitor in Bindmans’ Public Law team, said they are so thrilled to see AB and his family safely relocated to the UK after over three years of living in hiding from the Taliban. It is disappointing that it required court proceedings for the government to finally engage in this case, despite their repeated correspondence to try and resolve this matter without the need for legal proceedings. AB is someone who worked selflessly to try and build a better Afghanistan alongside the UK government, before the tragic collapse of the Afghan Republic. It is right that the government has finally seen through its duty to AB and his family to secure their safety.

Despite AB’s acceptance into the ARAP scheme, his case was met with prolonged delays. He received no information about his relocation or whether his family members would be allowed to join him, leaving them at risk from the Taliban. In June 2024, Bindmans launched judicial review proceedings challenging the UK government’s failure to act.

On 29 July 2024, Mrs Justice Lang DBE granted permission for the case to proceed, expressing concern about the government’s lack of urgency. She observed that there had already been a considerable delay in processing the applications. The tone and content of the summary grounds of defence demonstrated a worrying lack of concern about the delay and the safety of the claimant and his family. The case was scheduled for an expedited hearing, but after the judge’s decision, the UK government finally moved to secure the family’s relocation. This included granting relocation to AB’s elderly mother, adult children and grandchildren.

Now safely in the UK, AB and his family can begin rebuilding their lives. This marks the fourteenth family that Bindmans’ Public Law team has successfully assisted under the ARAP scheme since the Taliban’s takeover. AB was represented by Amy O’Shea, Lily Seaborne and Alice Hardy of Bindmans, with counsel from Naina Patel of Blackstone Chambers and Miranda Butler of Landmark Chambers.

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