High Court Grants Permission in Relocation Policy Judicial Review for Former Senior Afghan Official (6 March 2026)

The High Court has granted permission for judicial review in an important case concerning the interpretation of the Afghan Relocations and Assistance Policy (ARAP), brought on behalf of a senior former Afghan government official represented by Duncan Lewis Solicitors.

The claimant, known as “BVD” to protect his identity, is challenging the Ministry of Defence’s refusal to find him eligible for relocation to the United Kingdom under ARAP Category 4.

The Legal Issue

Under Category 4 of ARAP, an Afghan national may be relocated if, before the Taliban takeover in August 2021, they:

• Worked alongside the UK mission in Afghanistan;
• Made a substantial and positive contribution to the UK’s military or national security objectives; and
• Are now at risk of retribution as a result.

The policy defines national security objectives as including countering terrorism, suppressing the narcotics trade and tackling corruption.

This case raises a central question: what counts as a contribution to the UK’s national security objectives, particularly in relation to anti-corruption and governance work.

Background

Before the collapse of the Afghan government, BVD held a number of senior positions across different government departments. His work included overseeing and delivering UK-funded stabilisation programmes in Helmand and other provinces. He worked directly with UK officials on programme financing, governance and risk management, and was involved in efforts to reduce corruption and improve accountability within government structures.

BVD first applied under ARAP in August 2021. After repeated refusals and lengthy delays by the Ministry of Defence, he has been forced to bring multiple judicial review claims.

Although the Ministry of Defence has now accepted that BVD worked substantively alongside the UK government, it has maintained that his role did not contribute to the UK’s national security objectives. The decision-maker characterised his work as limited to financial and risk management functions, without recognising the importance of governance and anti-corruption work to the delivery and integrity of UK-funded programmes.

Following a further refusal, fresh judicial review proceedings were issued in August 2025. The Administrative Court granted expedition due to BVD’s precarious circumstances in Pakistan, where Afghan nationals face arrest and removal to Afghanistan.

Permission for judicial review has now been granted after an oral hearing before the High Court. A full hearing is expected in the spring.

Significance

The case will require the Court to clarify how ARAP Category 4 should be interpreted and whether senior officials who supported UK-funded governance and anti-corruption initiatives fall within its scope.

The outcome is likely to have wider implications for other former Afghan officials who worked alongside the UK in non-combat but strategically important roles.

BVD is represented by solicitor Jamie Bell and caseworker Hamish Dick of Duncan Lewis Solicitors. Rebecca Chapman of Garden Court Chambers is instructed as counsel.

Duncan Lewis is an award-winning law firm and the UK’s largest provider of legal aid services, widely recognised for successfully bringing some of the most high-profile human rights and public law cases.

Jamie Bell is an experienced solicitor at Duncan Lewis in the public law team recognised as a Recommended Lawyer in the 2025 Legal 500. He has significant expertise in a wide variety of complex and high profile cases and a leader in the field in representing Afghan nationals in the asylum appeal and judicial review claim with great success. He is willing to act under extreme time pressures to ensure that justice is achieved for his clients.

Hamish Dick is a Caseworker in the Public Law department at Duncan Lewis Solicitors, based in the City of London office. He works under the supervision of Public Law Director Toufique Hossain and Solicitor Jamie Bell, who specialises in representing Afghan claimants in asylum, appeals and judicial review matters. Hamish joined the firm in January 2025.

Duncan Lewis Solicitors

Duncan Lewis Solicitors, an award-winning law firm, is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. Duncan Lewis was crowned Law Firm of the Year at the Modern Law Awards 2023, further establishing its credentials as one of the leading law firms in the UK.

The firm’s Immigration and Public Law team is particularly renowned for handling complex and high profile cases involving human rights and asylum seekers. With landmark successes in cases such as Brook House, the Rwanda Challenge, and Manston House, Duncan Lewis continues to provide unparalleled legal representation, ensuring justice for the most vulnerable