The Claimant was successful in his claim for judicial review of the decision of the Secretary of State for Defence to refuse his family members relocation to the UK as Additional Family Members under the Afghan relocation and assistance policy (ARAP). The judgment in R(BUU1) v Secretary of State for Defence [2026] EWHC 816 (Admin) was handed down on 2 April 2026 and found that the decision-making process irrational.

It was accepted that the Claimant’s brothers were at risk due to their own previous roles. When considering ‘additional vulnerabilities’ the decision maker had failed to consider whether those risks gave rise to a vulnerability leading to an exceptional level of family dependence.

Secondly, the Claimant was impacted by the data breach. The decision maker had failed to consider, in accordance with the Afghan Response Route (ARR) caseworker guidance, whether the Claimant held a high-profile role or any other role which placed him at equivalent risk.

Emma was instructed by Helen Baron at Deighton Pierce Glynn Solicitors.

The Claimant was represented by counsel team Emma Daykin and Sonali Naik KC. The Special Advocates were Zubair Ahmad KC and Alex Jamieson.

Read the full case: https://www.bailii.org/ew/cases/EWHC/Admin/2026/816.html