Sarah I. Pinder

The High Court has provided a glimmer of hope for some Afghan citizens seeking urgent relocation to the UK through applications for leave outside the Immigration Rules. The case is R (S & Anor) v Secretary of State for the Home Department & Ors [2022] EWHC 1402 (Admin). The claimants were judges in Afghanistan prior to the Taliban taking over in August 2021. It was not in dispute, as Mrs Justice Lang noted, that they are at risk of serious harm or death at the hands of the Taliban.

Whilst many of us were focused on the Rwanda flight, injunction applications and subsequent appeals, the government on 13 June 2022 made some further announcements about the long-delayed Afghan Citizenship Resettlement Scheme. The glacial pace of progress for the Afghan schemes might be contrasted by a cynic with the rapid progress of the Rwanda deal.

The Home Office has published new guidance for Afghan citizens who are already in the UK on study and work routes. The document outlines concessions to the Immigration Rules for Afghans who entered the UK before 1 September 2021 or applied for a visa by that date and arrive later, and dependants of such people. The concessions apply to all decisions made from 14 January 2022 and will be reviewed in a year’s time.