[2025] UKUT 00090 (IAC)

There have been a number of versions of the ACRS and the ARIPS. The parties accept that the relevant versions are those applying at the date of the impugned decision, namely 4^th August 2023, following the principles set out in Odelola v SSHD [2009] UKHL 25.

The ACRS Guidance begins at AB/[101]:

“Guidance

Afghan citizens resettlement scheme

The Home Office has announced further details of the Afghan citizens resettlement scheme.

Published 18 August 2021

Last updated 24 July 2023

The UK formally opened the Afghan Citizens Resettlement Scheme (ACRS) on 6 January 2022.

The scheme will prioritise:

•

those who have assisted the UK efforts in Afghanistan and stood up for values such as democracy, women’s rights, freedom of speech, and rule of law

•

vulnerable people, including women and girls at risk, and members of minority groups at risk (including ethnic and religious minorities and LGBT+)

The government will resettle more than 5,000 people in the first year and up to 20,000 over the coming years.

This is in addition to the [ARAP]….The ARAP scheme is a separate scheme to the ACRS and offers Afghan nationals who have worked for or alongside the UK government, and meet the ARAP criteria, relocation to the UK.

Anyone who is resettled through the ACRS will receive indefinite leave to remain (ILR) in the UK and will be able to apply for British citizenship after 5 years in the UK under existing rules.

The scheme is not application-based. Instead, eligible people will be prioritised and referred for resettlement to the UK through one of three referral pathways:

1.

Under Pathway 1, vulnerable and at-risk individuals who arrived in the UK under the evacuation programme have been the first to be settled under the ACRS. Eligible people who were notified by the UK government that they had been called forward with assurance of evacuation, but were not able to board flights, and do not hold leave in a country considered safe by the UK are also eligible under Pathway 1.

2.

Under Pathway 2, we are now able to receive referrals from the United Nations High Commissioner for Refugees (UNHCR) of vulnerable refugees who have fled Afghanistan for resettlement to the UK. UNHCR has the global mandate to provide international protection and humanitarian assistance to refugees. UNHCR will refer individuals in accordance with their standard resettlement submission criteria, which are based on an assessment of protection needs and vulnerabilities.

3.

Pathway 3 was designed to offer a route to resettlement for those at risk who supported the UK and international community effort in Afghanistan, as well as those who are particularly vulnerable, such as women and girls at risk and members of minority groups. In the first stage of this pathway, the government is considering eligible, at-risk people for resettlement from 3 groups: British Council contractors, GardaWorld contractors and Chevening alumni. There are 1,500 places available in the first stage under Pathway 3. This number includes the principal applicants and their eligible family members.

……

The focus of the ACRS will be on those people who remain in Afghanistan or the region. While the majority of people resettled will be Afghan, nationals of other countries (for example, in mixed nationality families) will be eligible to be resettled through the scheme. A spouse or partner and dependent children under the age of 18 of eligible individuals will be resettled under the scheme.

Some additional family members may be resettled in exceptional circumstances.”

The ARIPS (beginning at AB/[107]), states:

“Policy paper

Afghanistan resettlement and immigration policy statement

Updated 26 July 2023

….

6.

For those evacuated here, we are determined to ensure they have the best possible start to life in the UK. Given the difficult, exceptional and unique circumstances in which many arrived in the UK, we will be offering indefinite leave to remain to those Afghan nationals and their family members who were evacuated, called forward or specifically authorised for evacuation, by the government during Operation PITTING. This will apply to those who have already arrived in the UK or arrive after the evacuation. This will give them certainty about their status and the right to work and contribute to society.

7.

Given the speed with which decisions were necessarily taken, we need to ensure everyone has the correct status and there may be a small number of groups who do not fit into the category set out above. We will work to ensure their situation is resolved quickly.

8.

We are also setting out here the details of the ACRS and the position of those relocated under ARAP; and the position of other groups, for example how the Immigration Rules apply in terms of Family Reunion, the Points-Based System and Asylum.

….

Afghan Citizens Resettlement Scheme

21.

On 18 August 2021, the Prime Minister announced the ACRS. This scheme will resettle up to 20,000 people at risk, with 5,000 in the first year. This is in addition to those brought to the UK under ARAP and is in line with the New Plan for Immigration commitment to expand legal and safe routes to the UK for those in need of protection, whilst toughening our stance against illegal entry and the criminals that endanger life by enabling it.

….

Eligibility and referrals

23.

The ACRS will provide those put at risk by recent events in Afghanistan with a route to safety. The scheme will prioritise:

a.

those who have assisted the UK efforts in Afghanistan and stood up for values such as democracy, women’s rights and freedom of speech, rule of law (for example, judges, women’s rights activists, academics, journalists); and

b.

vulnerable people, including women and girls at risk, and members of minority groups at risk (including ethnic and religious minorities and LGBT).

24.

There will be many more people seeking to come to the UK under the scheme than there are places. It is right that we take a considered approach, working with partners to resettle people to the UK. There will not be a formal Home Office owned application process for the ACRS. Instead, eligible people will be prioritised and referred for resettlement to the UK in one of three ways.

25.

First, some of those who arrived in the UK under the evacuation programme, which included individuals who were considered to be at particular risk – including women’s rights activists, prosecutors, and journalists - will be resettled under the ACRS. People who were notified by the UK government that they had been called forward or specifically authorised for evacuation but were not able to board flights, and who do not hold leave in a country considered safe by the UK can be offered a place under the scheme.

26.

Second, the government will work with the United Nations High Commissioner for Refugees (UNHCR) to identify and resettle refugees who have fled Afghanistan, replicating the approach the UK has taken in response to the conflict in Syria, and complementing the UK Resettlement Scheme which resettles refugees from across the world. UNHCR has the global mandate to provide international protection and humanitarian assistance to refugees. UNHCR has expertise in the field and will refer refugees based on assessments of protection need. We will work with UNHCR and partners in the region to prioritise those in need of protection, such as women and girls at risk, and ethnic, religious and LGBT minority groups at risk. We will start this process as soon as possible following consultations with UNHCR.

27.

Third, the government will work with international partners and NGOs in the region to implement a referral process for those inside Afghanistan, (where safe passage can be arranged,) and for those who have recently fled to countries in the region. This element will seek to ensure we provide protection for members of Afghan civil society who supported the UK and international community effort in Afghanistan. This category may include human and women’s rights activists, prosecutors and others at risk. We will need some time to work through the details of this process, which depends on the situation in Afghanistan.

Further details on eligibility

28.

The ACRS will be focused on people affected by events in Afghanistan, who are located in Afghanistan or in the region. While the majority of people resettled will be Afghan, nationals of other countries (for example, in mixed nationality families) will be eligible to be resettled through the scheme.

29.

Spouses, partners and dependent children under the age of 18 of identified eligible individuals will be eligible for the scheme. Other family members may be resettled in exceptional circumstances.

…..

32.

Those resettled through the ACRS will receive fee-free indefinite leave to enter or remain in the UK, the right to work and immediate access to benefits if necessary. They will be able to apply for British citizenship after five years in the UK under existing rules and subject to the appropriate fee.”

The ARIPS contains a ‘Summary of the Immigration Routes’ at AB/[122].