UK High Court Rules Afghan Relocation Policy Excludes Family Members Already Safe Abroad
Summary
The UK High Court has clarified the Afghan Relocations and Assistance Policy (ARAP), ruling that family members already safely settled outside Afghanistan are ineligible for the scheme. This decision emphasizes that ARAP eligibility requires a current assessment of risk based on an applicant's circumstances at the time of decision, not historical ties alone. This significantly impacts Afghans hoping to join relatives in the UK if they have already found safety in a third country, narrowing the scope of who can access this critical pathway.
The High Court recently dismissed a judicial review concerning the Afghan Relocations and Assistance Policy (ARAP), specifically clarifying the interpretation of paragraph 13.3(a). The court affirmed that eligibility for relocation under ARAP, particularly for additional family members, hinges on a current assessment of risk based on the applicant’s actual circumstances at the date of decision. This means that individuals who have already safely settled outside Afghanistan, even if their primary relative is eligible for ARAP, will generally not qualify as they are no longer deemed to be "at risk" within the scheme's parameters. The ruling establishes a precedent that safety in a third country precludes eligibility, regardless of original ties to Afghanistan.
This decision has profound practical implications for Afghan nationals seeking to reunite with family in the UK under ARAP. It explicitly closes a potential pathway for those who managed to escape Afghanistan and found refuge in another country, even if temporarily. Applicants must now demonstrate an active and current risk directly tied to their presence in Afghanistan at the time of their application, or immediately prior to it. This narrows the scope of the policy, potentially leaving some families divided and compelling individuals to prove an ongoing threat despite having sought initial safety elsewhere.
Background
The Afghan Relocations and Assistance Policy (ARAP) was launched by the UK government in April 2021 to offer relocation to the UK for current and former Afghan staff who worked for the UK government and are at serious risk of threat to life. It was later expanded following the Taliban takeover.
Who This Affects
- Afghan nationals who have safely relocated to a third country but wish to join family members in the UK under ARAP will find they are ineligible.
- UK-based Afghan ARAP principal applicants hoping to bring additional family members who are already safe outside Afghanistan will be unable to do so.
- Humanitarian organizations assisting Afghan families with relocation efforts may need to adjust their advice and strategies regarding eligibility criteria.
What You Should Do Now
- Carefully review the ARAP policy's eligibility criteria, particularly paragraph 13.3(a), to understand the current "at risk" assessment.
- Seek independent legal advice from an immigration solicitor specializing in asylum and humanitarian protection if you believe your circumstances warrant an exception or fall outside this interpretation.
- Explore alternative immigration pathways to the UK for family reunification if ARAP is no longer a viable option due to this ruling.
Key Takeaway
Family members of eligible Afghans under ARAP are only considered for relocation if they are currently at risk in Afghanistan or an unsafe third country, not if they have already found safety elsewhere.
Source: Read official article on Free Movement (UK)
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