
The Secretary of State for Defence (SSD) has agreed to withdraw its decision to refuse the relocation of the at-risk family of an Afghan man who worked alongside MI6 and conducted intelligence operations against terrorist groups, including ISIS, in Afghanistan.
Due to his work supporting UK intelligence operations, both he and his family members faced significant risks from terrorist groups operating in the region.
Earlier this year, the SSD refused the family's relocation under the Additional Family Members Route of the Afghan Relocations and Assistance Policy (ARAP), despite having approved the individual's own relocation to the UK under the same scheme.
A team at Duncan Lewis Solicitors issued a claim challenging the SSD's decision, alleging that it was "unlawful and procedurally unfair due to failures to acknowledge or accord sufficient weight to relevant evidence, material factual errors in the decision itself, and a failure to provide adequate and transparent reasons for the refusal".
Following the issue of the claim, Mr Justice Jay ordered that the permission decision be expedited in light of the urgency of the matter.
Shortly thereafter, the SSD agreed to withdraw the refusal decision, pay the claimant's costs, and issue a fresh decision under Appendix ARAP of the Immigration Rules.
The Duncan Lewis team acting on the case comprised Director and Solicitor Bahar Ata, Solicitor Oskar Butcher and Caseworker Anya Broad, all of whom specialise in public law, with particular expertise in immigration and human rights matters.
Counsel instructed by Duncan Lewis was Rabah Kherbane, of Doughty Street Chambers.
If you require specialist support from our Public Law team, please contact Bahar Ata by email at bahara@duncanlewis.com or by telephone on 020 7014 7398.
About Bahar Ata
Bahar Ata is a Director and Lawyer at Duncan Lewis Solicitors. She specialises in all areas of public law, with a particular focus on immigration and human rights judicial review claims.
About Oskar Butcher
Oskar Butcher is a Supervising Solicitor at Duncan Lewis Solicitors in the Public Law and Immigration department. His work encompasses a wide range of public law matters, predominantly in the field of immigration and human rights.
About Anya Broad
Anya Broad is a Caseworker in the Public Law department at Duncan Lewis Solicitors. She works under the supervision of Public Law Director Bahar Ata.
About Duncan Lewis Solicitors Duncan Lewis Solicitors is a multi-award-winning law firm and one of the UK's leading providers of legal aid services. The firm is recognised nationally for its expertise in immigration, asylum, public law and human rights. Its specialist lawyers regularly represent vulnerable individuals in complex and high-profile cases involving refugee protection, trafficking, detention, nationality disputes and judicial review challenges.