[2025] UKUT 00090 (IAC)

The Respondent responded to the Applicant’s further submissions, in a letter dated 4^th August 2023, (B/[257]) in which it maintained its original decision. It provided additional reasons, citing part of the Afghanistan resettlement and immigration policy statement (‘ARIPS’) of 26^th July 2023 (AB/[114]).

While describing himself as a ‘Gurkha,’ the Applicant had never served in the UK Armed Forces and had worked under a private contract with the Canadian Government.

The Applicant was not an Afghan national, and so was not eligible within either of the two ACRS priorities, namely, to prioritise those who had assisted the UK’s efforts and stood up for values such as democracy etc., and vulnerable people.

The Applicant did not fall within those granted Operation Pitting LOTR, as understood in S & Anor. The Applicant was evacuated on 18^th August 2021, the day before Operation Pitting LOTR recommendations were made to ministers (see §12 of S & Anor). Instead, UK Armed Forces had evacuated the Applicant from Afghanistan during Operation Pitting in August 2021 as a gesture of goodwill.

The Respondent granted the Applicant entry and limited leave to remain in the UK on an exceptional basis outside the Immigration Rules, due to the prevailing circumstances at that time. This came with the understanding, communicated verbally to the Applicant, that once in the UK, the Applicant would arrange, and be offered support for, onward travel to Nepal. His later invitation for consideration under the ACRS did not give rise to any legitimate expectation of a positive outcome.

In relation to the Applicant’s family and private life, there was no suggestion of any family members in, or ties to, the UK. There was no suggestion that the Applicant would be disadvantaged and no evidence of his personal or financial circumstances, nor any circumstances relevant to Article 8 ECHR.