AC-2025-LON-001440 - [2025] EWHC 2472 (Admin)

The claimant’s application was made pursuant to the defendant’s Afghan Relocations and Assistance Policy (ARAP). According to the defendant’s information document updated on 12 April 2024, ARAP is “for Afghan citizens who worked for or with the UK Government in Afghanistan in exposed or meaningful roles and may include an offer of relocation to the UK for those deemed eligible by the Ministry of Defence and who are deemed suitable for relocation by the Home Office.” ARAP has found expression in the Immigration Rules.

10 For present purposes, the relevant provision of ARAP is that found in Category 4. In particular, the defendant’s decision turned on the first of three requirements that have to be met by an applicant for assistance; namely, that “on or after 1 October 2001” they “were directly employed in Afghanistan by a UK Government department, provided goods or services in Afghanistan under contract to a UK Government department; or worked in Afghanistanalongside a UK Government department, in partnership withor closelysupporting and assistingthat department.” (my emphasis). This case is concerned with the words in bold type. Satisfying them is a necessary but not sufficient requirement of succeeding under ARAP. In the course of the work, the person concerned must have “made a substantive and positive contribution to the UK’s military objectives or national security objectives (which includes counter-terrorism, counter-narcotics and anti-corruption objectives) with respect to Afghanistan”. The work must also either have placed the person concerned at elevated risk of targeted attacks and high risk of death or serious injury; or they must hold information the disclosure of which would give rise to or aggravate a specific threat to the UK Government or its interests.