[2024] UKUT 00236 (IAC)

The Ukrainian Family Scheme (“UFS”) falls within the ambit of Article 8 for the purposes of a claim under Article 14 ECHR.

The Applicant, an Afghan national who was resident in Ukraine prior to the Russian invasion and who has a relative in the United Kingdom was in an analogous situation to a Ukrainian national and the refusal of his application for failing to meet the requirement to be a Ukrainian national was direct discrimination on the grounds of nationality.

The discrimination between the Applicant as an Afghan national compared to a Ukrainian national was objectively justified.