After being denied permission to enter the UK, a former Afghan judge has appealed to Home Office.
Kingsley Napley lawyers announced Saturday that they had filed the first appeal to the Immigration Tribunal for their client – named simply as “Y” – and her son.
The judge was alleged to have presided over cases involving Taliban members, and violence against women.
Oliver Oldman, an immigration solicitor at Kingsley Napley, stated that “if any case should be granted for compassionate reasons, it’s this one.”
“Our client is constantly afraid she will be found and deported to Afghanistan, where her safety and that of her son is at stake.”
According to the firm, the decision by the government has prevented the couple from reuniting in the UK with British and settled relatives. This includes her nephew, who is a civil servant.
Her family wants to take care of her, Mr Oldman said.
The legal team stated that woman Y was left in a “gravely fragile position” following the withdrawal of Western troops and subsequent returns of the Taliban regime.
They wrote that the former judge and her son, who fled Afghanistan, are now hiding in Pakistan. Her Kabul home was attacked and many of her former colleagues assassinated.
Lawyers described how Y had adjudicated security case in which Taliban members, affiliates, and sympathisers were sentenced. They have since been released from prison and are now in official positions in new government.
Y had a long and successful career in Afghanistan’s judiciary. She held high-ranking positions in the Criminal Court system, presided over cases involving violence against women, rape and conspiracy against the Afghan government, according to her team.
Kingsley Napley lawyers filed applications in November 2013 on behalf of the mother and her son. These included arguments under Article 8 of European Court of Human Rights, the right of respect for private and familial life.
However, the Home Office informed her lawyers this month that her application was rejected.
Oldman claimed that the UK government had a moral duty to allow our client safe passage due to the chaotic withdrawal from Afghanistan, and the judge’s long-standing commitment to protecting women’s and children’s rights and the rule of the law as well as upholding democratic values and the rule of the law in Afghanistan.
He claimed that the government had created a “false narrative” about legal and safe migration routes.
He said, “Here are two applicants fleeing the most severe danger in Afghanistan who have tried to use these supposed legal paths to reach safety in Britain and join their families.”
“It would be difficult to find a clearer explanation of the false narrative surrounding legal and safe routes.”
After being asked for information about the one-year anniversary since the Taliban captured Kabul, the government published updated numbers on the number of Afghans who were brought to safety in the UK.
According to the government, there were more than 21,000 people in total, which includes British citizens and their families, Afghans who volunteered for the UK and those deemed high-risk.
However, it was not possible to provide a breakdown of only the number of Afghan refugees that arrived in the UK.
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A spokesperson for the Home Office stated that the UK was leading the international response to support at-risk Afghan citizens. The UK has also made the largest resettlement commitment of any country.
“This includes the welcoming of over 21,000 Afghan women and children to the UK through a safe, legal route to resettle in Britain.”
Amnesty International UK stated that the “patchwork” of figures is a reminder of the UK’s delay and chaos in its response to the Taliban one year ago.