Temple Garden Chambers is a leading common law set based in London and The Hague.
With excellence from top to bottom Chambers provides a first class service in a number of different fields.
Temple Garden Chambers is a leading common law set based in London and The Hague.
With excellence from top to bottom Chambers provides a first class service in a number of different fields.
11/06/2025
Sian Reeves (leading Jonathan Worboys) acted for the successful Defendants, the Secretaries of State for the Home Department and Defence in R (QP1 & Anor) v Secretary of State for the Home Department & Anor [2025] EWHC 1388 (Admin). The case was heard by Farbey J and judgment handed down on 10 June 2025.
The Claimants are Afghan nationals. Their claim for judicial review arose out of the First Claimant’s unsuccessful application for relocation to the UK under the Afghan Relocations and Assistance Policy (“ARAP”).
They challenged what they characterised as:
(1) The failure of the First defendant (the Secretary of State for the Home Department) to consider whether the Claimants should be granted entry clearance outside the Immigration Rules (“LOTR”) on an exceptional basis; and
(2) The failure of the Second Defendant (the Secretary of State for Defence) to refer the First Claimant’s case to the first defendant in order for entry clearance to be considered.
The issues that arose for determination were;
Issue 1: Was the First Defendant’s decision not to consider the First Claimant’s application outside the Immigration Rules on an exceptional basis unreasonable?
Issue 2: Is the First Defendant’s failure to provide what the claimants calls a “simpler unitary form” and/or a separate form for an LOTR application for ARAP applicants rational?
Issue 3: Has the First Defendant provided sufficient and adequate reasons as to why a separate LOTR form for ARAP applicants is unnecessary?
Farbey J determined all these issues in the Defendants’ favour and the claim for judicial review failed.
A link to the judgment can be found here.
