Court refuses to hear academic appeals in Afghan relocation cases

7 Feb 2025Court Report

The Court of Appeal declined to hear academic appeals regarding the Afghan Relocation and Assistance Policy

Background

The Court of Appeal was tasked with deciding whether to grant permission for academic appeals in two cases concerning the Afghan Relocation and Assistance Policy (ARAP). The appeals were brought by the Secretary of State for Foreign, Commonwealth and Development Affairs and the Secretary of State for Defence. The cases were initially heard in the Administrative Court, where decisions were made in favour of the claimants, MA and MP1, challenging their ineligibility under ARAP.

Legal Context

The ARAP policy provides a framework for Afghan citizens seeking relocation to the UK, particularly those who have worked alongside UK government departments. The policy includes specific conditions that applicants must meet to be eligible for relocation. The cases in question revolved around the interpretation and application of these conditions.

Judgment

Lady Justice Andrews delivered the judgment, refusing to grant permission to appeal. She noted that the Supreme Court had previously refused to hear an appeal in a related case, R (on the application of LND1 and others) v Secretary of State for the Home Department. The Court of Appeal's decision in LND1 had already clarified the interpretation of the relevant ARAP provisions, rendering the current appeals academic.

Key Issues

The primary issue in both cases was whether the lower courts had erred in conflating two distinct conditions under ARAP. The Court of Appeal in LND1 had established that these conditions should be treated separately. Lady Justice Andrews found that this interpretation should guide future decisions, making further appeals unnecessary.

Arguments

The appellants argued that the appeals raised issues of wider importance and that the lower court judgments could mislead future decision-makers. However, the respondents contended that the Court of Appeal's decision in LND1 provided sufficient clarity, and no further legal principles were at stake.

Conclusion

Lady Justice Andrews concluded that the appeals did not present any live issues of wider importance that had not already been addressed in LND1. She emphasised that the lower courts' errors in interpreting ARAP did not necessitate an academic appeal, as the correct legal framework was already established.

Implications

The decision underscores the importance of adhering to established legal interpretations and the reluctance of courts to entertain academic appeals without significant public interest. It also highlights the procedural boundaries within judicial review, particularly regarding the substitution of judicial decisions for those of public authorities.