Public Law Solicitors

Today the Court of Appeal handed down judgment in HN (Afghanistan), dismissing the appeals of each of the Appellants. The generic stay on removal to Afghanistan imposed by Lord Justice Christopher Clarke granted in August last year will now be lifted.

HN (Afghanistan) V. Secretary of State for the Home Department- Hand down of Judgement

HN (Afghanistan) referred to evidence from March 2015 and in handing down judgment, the Court explicitly noted that it was not their position to enter into a detailed examination of the security situation in Afghanistan and expressed concern about ‘the dangers faced by many in that troubled country.’

In the year since we issued this litigation, the security situation in Afghanistan has significantly deteriorated, highlighted by concerning insurgency activity in Helmand, Kunduz, Nangarhar and Kabul and the emergence of Islamic State in the country, a significant rise in civilian casualties and internal displacement and an escalation of the conflict. 10 out of 17 EU Member States now recognize that some or all Afghan applicants fall to benefit from protection from return.

Although the appeals were rejected, it is important to note the court did not make their own finding about the security situation in Afghanistan at that time, nor did they express a view as to the safety of those whom the Secretary of State may seek to forcibly return there now. As accepted by all parties, the government will have to review the position on all the evidence now available demonstrating this further deterioration before any removals can lawfully take place.

We will continue to fight for the right of Afghans to seek protection in the United Kingdom and have their claims fairly and independently determined by a court of law.

The appellants were represented by Duncan Lewis Solicitors who instructed barristers from Garden Court Chambers and Doughty Street Chambers.