MUF, R (on the application of) v The Secretary of State for Defence

Facts

The claimant, a former judge of the anti-terrorism court ("ATC") in Kabul, applied under the Afghan Relocations and Assistance Policy ("ARAP") for relocation to the United Kingdom with his immediate family, the first to eighth interested parties. He had been a judge in Afghanistan for over 20 years and sat at the ATC from March 2011 to April 2016, trying cases involving Taliban members and other terrorist activity; since the Taliban takeover in August 2021 he and his family have lived in hiding. His application, received by the Ministry of Defence on 9 June 2022, was refused on 21 July 2023 on the basis that he had not worked in Afghanistan alongside a UK Government department, in partnership with or closely supporting and assisting it, under ARAP 3.6 condition 1(iii) of the Immigration Rules. A first review decision upheld that refusal, was withdrawn and re-taken; a second review decision of 14 February 2025 was quashed by Sir Peter Lane in <em>R (ACG) v Secretary of State for Defence</em>, the claimant then being known as ACG. A third review decision was withdrawn, and a fourth review decision dated 9 February 2026 again upheld the refusal. The claimant challenged that decision on five grounds at a rolled-up hearing.