This was a challenge in relation to the definition of who is a family member under the Afghan Relocations and Assistance Policy (ARAP) – Additional Family Member scheme.
Our clients are HS, the Principal who was at risk in Afghanistan due to his work with the UK government there, and his ex-wife ZN, whom he applied to bring to the UK under ARAP as an Additional Family Member due to the risk she faced because of her relationship to HS.
Although their claim was dismissed, the Court made an important finding as to the definition of who is a ‘family member’ under the scheme, confirming that there is no requirement for a blood or legal connection to the Principal, which can include an ex-partner, and that what was required was ‘a focus on the substance not the form of the relationship’.
HS and ZN are represented by Tori Sicher of Bhatt Murphy and David Jones and Emma Fitzsimons of Garden Court Chambers
The judgment can be read here:
HS & Anor, R (On the Application Of) v SSFCDA [2024] EWHC 3197 (Admin)
