Home / Cases / R (CX1-CX8) v Secretary of State for Defence and Secretary of State for the Home Department

R (CX1-CX8) v Secretary of State for Defence and Secretary of State for the Home Department

13/02/2023

The High Court today handed down judgment in high-profile judicial review claims brought by eight former BBC journalists against the refusal to relocate them and their families to the UK under the Afghan Relocations and Assistance Policy (“ARAP”).  The High Court allowed the claims on the narrow facts of the claimants’ cases, holding that the decision-maker had applied the wrong criteria when considering their applications – by considering only whether the BBC was a government department and failing to consider the other policy criteria.  The Court rejected the claimants’ broader policy challenges, including to the policy of giving very brief reasons for refusing ARAP decisions, to the process of applying for discretionary leave to enter the UK, and to the operational guidance.  

Nicholas Chapman represented the Defence and Home Secretaries.  

The cases have been featured in the press including the BBC Radio 4 documentary “Abandoned in Afghanistan” available here.  

The judgment is available here.  

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