Duncan Lewis Helps Wrongfully Deported Afghan Interpreter Secure Positive Decision on Application to Enter the UK (12 December 2023)

An Afghan interpreter, who risked his life working alongside the British army, faced deportation to Afghanistan from Pakistan due to the UK's refusal to grant his application under the Afghan relocation scheme.

Despite his crucial role and the dangers he faced in Helmand province, he was twice denied the opportunity to relocate to the UK under the Ministry of Defence's scheme, only for the decision to be reversed thanks to the perseverance of Duncan Lewis solicitor Jamie Bell and his team.

After enduring a year and a half of uncertainty, officials have acknowledged the error and approved his application.

Unfortunately, the decision came five days after he had already been sent back to Afghanistan by the Pakistan authorities.

Having managed to return to Pakistan independently, he now awaits transfer to Britain, separated from his family who found temporary safety in a third country.

The legal efforts led by Duncan Lewis solicitor Jamie Bell and caseworker Mia Lucy Forton, were pivotal in achieving the U-turn and highlighting the government's missteps in safeguarding those who served alongside British forces.

Speaking to the Independent newspaper, Bell said, "after serving the British Military and working as an interpreter in Helmand province, our client expected... fair and quick protection. Instead, he faced incorrect decisions and an inexplicable delay, leading to his deportation."

Major General Charlie Herbert expressed concern for others at risk in Pakistan due to similar circumstances, criticising the delayed eligibility granted only after the interpreter's deportation. Then handling of Afghan interpreter cases has been dubbed ‘shameful’.

The Ministry of Defence cited the time required for case reviews, stating that each decision depended on case complexity and the volume of reviews. The interpreter's dismissal from service, later deemed a "minor reason," caused the initial refusal, despite his exemplary service and risks undertaken daily.

The case sheds light on the flaws within the UK's resettlement scheme, leaving thousands in limbo. Amidst legal challenges and policy reversals, efforts to relocate Afghans who supported the British mission continue, but delays and erroneous decisions persist, endangering those who served alongside British forces.

Duncan Lewis solicitor Jamie Bell is highly experienced in a wide variety of complex and high profile public law and immigration cases. His commitment to his clients is demonstrated by a willingness to take on cases at such short notice and at all hours in order to prevent the unlawful removal of asylum-seekers. Jamie has demonstrated a particular commitment to representing Afghan claimants during his time at Duncan Lewis.

Mia Lucy Forton is a caseworker in the public law department who assists the team on variety of asylum and human rights claims as well as judicial review matters within these issues.

For advice in any public law or immigration matter contact Jamie at via email at jamieb@duncanlewis.com or via telephone on 07342 081719.

Read the full story featured in the Independent here: Afghan interpreter who risked life to serve Britain deported back to Taliban after UK error