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Public Law Solicitors

Jamie Bell Discusses Afghan Relocation Scheme in FreeMovement Article (14 August 2024)

Date: 14/08/2024
Duncan Lewis, Public Law Solicitors, Jamie Bell Discusses Afghan Relocation Scheme in FreeMovement Article

In August 2021, the Taliban's swift takeover of Afghanistan led to the collapse of the country's fragile stability. To aid those impacted by the Taliban's rule, the UK government launched a 12-day evacuation programme, airlifting 15,000 at-risk individuals, including consulate staff, allies, and British nationals, on 100 flights from Kabul airport.

 

Despite the evacuation of 15,000 at-risk individuals, many were left behind. In response, the UK launched the Afghan Citizen Resettlement Scheme on 6 January 2022. This scheme's Category 1 covered those who had been evacuated or called forward but missed their flights; Category 2 was a UNHCR resettlement scheme, and the initial part of Category 3 was for British Council contractors, GardaWorld contractors, or Chevening alumni.

 

In a Freemovement article written by Public Law Solicitor Jamie Bell, he highlights the plight of Afghan citizens still awaiting relocation: “Since the introduction of the Afghan Citizen Resettlement Scheme, practitioners, clients, and NGOs have waited patiently for further announcements about the scheme's expansion and clarification on eligibility.”

 

On July 30, following the judgment in R (HR & Ors) v Secretary of State for the Home Department [2024] EWHC 786 (Admin) on 11 April 2024, a Judicial Review proceeding in which both Solicitor Jamie Bell and Caseworker Mia Lucy Forton instructed on, the government announced a scheme to reunite Afghans resettled in the UK under pathway 1 with their families.

 

R (HR & Ors) v Secretary of State for the Home Department highlighted the plight of three Afghan sisters evacuated during Operation Pitting who were separated from their parents. The sisters sought to reunite with their parents through a legal route, but the Home Office directed them to apply for leave outside the rules, a route unsuitable for their situation. They challenged this in court, leading to the Home Office's commitment on 27 October 2023 to introduce a new route, although no timeline was provided. During the hearing on 8 November 2023, a ministerial submission dated 21 September 2023 was disclosed, recommending a new route due to the insufficiency of existing ones. The court found that while the Home Secretary's failure to introduce a scheme was not unlawful, the wait for the sisters to reunite with their parents, who remained in Kabul, amounted to 1068 days.

 

Discussing his optimism for the new scheme, Jamie says “The newly announced ACRS Pathway 1, Stage 1 scheme, though delayed, offers hope to long-separated families. It is a discretionary route operating outside the existing immigration rules, providing a much-needed solution for those affected. The scheme was borne out of an acknowledgment that the existing routes were not fit for purpose. It is hopefully a lifeline for those who have been separated from their families for the last three years. Practitioners and clients will be hoping that the scheme will be applied in accordance with the stated policy objection”

 

For more information on how to apply for the newly announced pathway, read the full FreeMovement article here: Home Office Finally Announces Separated Families Route for Afghan Relocated Families | FreeMovement

 

About the Author

Jamie Bell is a Solicitor within our formidable Public Law and Immigration department at Duncan Lewis Solicitors. Since joining the firm in August 2014, Jamie has amassed extensive experience across a wide variety of complex and high-profile cases, with a particular specialism in representing Afghan clients.  His unwavering dedication to his clients is evident in his readiness to undertake cases at a moment's notice, tirelessly working to prevent the unlawful removal of asylum-seekers.

 

For advice or assistance on any Public Law or Immigration matter, contact Jamie Bell via email at JamieB@duncanlewis.com or by telephone on 02031190384.

 

Duncan Lewis Solicitors

Duncan Lewis’ Immigration team is at the forefront in the battle against unlawful detention for those held under immigration powers and Home Office practices and policies. The team has a broad practice representing clients in matters involving immigration; asylum and human rights and deportation matters, with a niche practice in immigration and civil liberties claimant Judicial Review matters. They have significant practice in challenging delays in Home Office decisions and unlawful immigration detention cases with high net claims for damages and challenging immigration removal cases.


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