Haziz Rahim, R (on the application of) v Secretary of State for Defence & Anor

Facts

The claimant, Haziz Rahim, was one of the individuals whose details appeared on a list of names incorrectly disclosed by the Ministry of Defence, described in the proceedings as "the data breach list". By a letter dated 24 July 2024 the Secretary of State for Defence decided that, notwithstanding the claimant's name appearing on that list, no further steps would be taken to alert or protect him against the risks that might arise should the list come into the possession of the Taliban. The claimant, who was already in the United Kingdom, sought judicial review of that decision on CLOSED grounds. His wife, an Indian national, and his son, a British national with a right of entry to the United Kingdom, were in India; his wife's earlier visa had expired and further visa applications were refused in May 2024, with appeals either unsuccessful or still on foot. The policy applied in reaching the 24 July 2024 decision followed the Secretary of State's letter to the court of 14 June 2024, written after the Divisional Court's judgment in R (CX1) v Secretary of State for Defence, which defined the highest risk cohort as high profile individuals holding identified roles or roles of equivalent risk. The matter came before Mr Justice Swift as an application for permission to apply for judicial review, heard in CLOSED session with a Special Advocate instructed for the claimant.