UK High Court Rules Internal ARAP Reviews Sufficient Despite 3,500 Case Backlog
Summary
The UK High Court has ruled that individuals seeking relocation under the Afghan Relocations and Assistance Policy (ARAP) must complete the scheme's internal review process before initiating a court challenge. This decision stands despite the government acknowledging a backlog of over 3,500 complex reviews, taking up to 18-24 months. The ruling emphasizes adherence to established administrative procedures, even with significant delays.
The UK High Court has decided that applicants under the Afghan Relocations and Assistance Policy (ARAP) must exhaust the scheme's internal review process before pursuing legal challenges in court. This means that individuals whose relocation applications are refused must wait for the government's own review, even though official evidence indicates these complex reviews can take between 18 and 24 months to complete. The court's stance prioritizes the internal administrative pathway as the primary remedy for initial refusals.
Background
The ARAP scheme was established to offer relocation to the UK for Afghan individuals who assisted the UK government during its operations in Afghanistan, often putting their lives at risk.
Who This Affects
- Afghan ARAP applicants facing initial refusal will experience significant delays due to mandatory internal reviews.
- Those awaiting ARAP review outcomes will endure prolonged uncertainty, potentially for up to two years.
- Individuals considering a court challenge will find their legal options restricted until the administrative review concludes.
What You Should Do Now
- Prepare for extended waiting periods if your ARAP application faces an internal review.
- Gather all relevant documentation for your internal review to strengthen your case.
- Seek legal advice to understand the review process and your options post-internal review.
Key Takeaway
ARAP applicants must complete the scheme's internal review process, which can take up to two years, before seeking judicial intervention, despite significant backlogs.
Source: Read official article on Free Movement (UK)
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