Public Law Solicitors

The Claimants are a British national and his Afghan wife and children. They were not evacuated by the UK Government in August 2021 and remain in Afghanistan where they fear for their lives on account of their connection to the UK.

Permission for judicial proceedings has been granted against the Home Office, FCDO, and MOD regarding the discriminatory treatment of British nationals and their Afghan dependants who were not evacuated from Afghanistan under so-called ‘Operation Pitting’ in August 2021.

The Claimants’ case is that they have been unlawfully discriminated against in breach of Article 14 of the European Convention on Human Rights. While dependents of British nationals who were evacuated have now been granted Indefinite Leave to Remain in the UK, the Claimants, who were not called forward by the UK for evacuation, through no fault of their own, now have to apply for leave under the immigration rules.

The Claimants now have to meet all of the requirements of the immigration rules (financial requirements, application fees, and English language requirements) and they have to register their biometrics prior to making an application, which is impossible in Afghanistan at the moment. Those who were evacuated, or called forward to be evacuated under Operation Pitting, do not have to provide biometrics, and are automatically granted ILR in the UK with all of the fees and immigration rules waived. The UK Government could easily waive these requirements and treat the dependants of British nationals who remain in Afghanistan in the same way as those who were evacuated. However, they are refusing to do so, which is making it impossible for them to get on flights leaving Kabul. Even if people do reach the UK, they will be stuck in limbo for years while their immigration status is being sorted out.

The claim was issued on 24 November 2021, permission was granted on 17 January 2022, and the expedited final hearing is due to take place before the end of March 2022.

Nina Kamp, legal representative for the Claimants at Duncan Lewis Solicitors stated as follows:

”The Claimants in this challenge met the criteria for evacuation under Operation Pitting in August 2021. When the operation ended, the Claimants were left behind in Afghanistan without any hope of obtaining safe passage to the UK. The Home Office’s policy which treats those left behind less favourably than those lucky enough to be evacuated is irrational and heightens the risk to the lives of those left behind through no fault of their own. The Court’s expedited case management directions, which call for a final hearing by the end of March 2022 is an acknowledgement of the Claimants’ dire circumstances and the need for urgent resolution of this matter.”


The team at Duncan Lewis Solicitors representing the Claimants are Toufique Hossain, Jeremy Bloom and Nina Kamp. The Claimants have instructed Chris Buttler QC and Zoe McCallum at Matrix Chambers.