“5. From the information you have provided you are not eligible under Category 4 of the ARAP scheme because you do not meet the following criteria: • You were directly employed in Afghanistan by the UK Government, or provided goods or services under contract to the UK Government, or worked in Afghanistan alongside a UK Government Department, in partnership with or closely supporting it; 6. You therefore do not meet the necessary criteria for Category 4 of ARAP scheme.”
“6. Whilst the applicant has set out their judicial role(s) they were not able to demonstrate that they worked alongside, in partnership or closely supporting and assisting a UK Government Department. Analysis of records and other assessments did not show the applicant was affiliated or known to a UK Government Department. 7. The applicant’s asserted counter terrorism work pre-dates the FCDO’s partnership with the Kabul counter-terrorism courts in 2015. The FCDO does not have records of having worked alongside the applicant at those courts. There is no evidence that the applicant’s asserted work on the penal code was conducted in partnership with or alongside, or closely supporting the FCDO. 8. The applicant states that his role was as Director General of Investigation and Research at the Supreme Court (2016 – 2021) and that he was actively involved in the work of the Counter Narcotics Justice Centre (CNJC) 2019 – 2021 although the NCA did work closely with the CNJC, in the event that the applicant carried out this role, he was not directly employed by or contracted to the NCA. Neither was he said to have worked alongside in partnership with or closely supported and assisted the NCA in delivering its counter-narcotics mission in Afghanistan. The UK did provide general funding to the Counter Narcotics Justice Centre (as we also did with Kabul Counter Terrorism Courts) but that does not equate to a CAT 4 eligibility for individuals who worked there. In both instances there was a strong relationship built with key individuals. 9. Providing a brief at the British Embassy Kabul does not indicate the applicant worked alongside, in partnership or closely supported and assisted HMG. 10. In conclusion, there was insufficient evidence in the applicant’s submission to indicate they had worked alongside, in partnership or closely supported and assisted the MOD, FCDO, NCA or any other UK Department or Unit.”
“I’ve taken a good look through the material on both applications. In summary, I do not believe they are cases that should be properly referred to the FCDO – I think they are more appropriately considered by NCA … Neither applicant demonstrates in the material provided that they engaged with (other than in a quite cursory way), built any kind of partnership, or provided close support or assistance to the FCDO (or predecessor departments). They assert that they are entitled to ARAP as a result of their wider contribution to the rule of law, and specifically that their work in, or in support of, counter-terrorism and counter narcotics courts was broadly in line with UK and coalition objectives in Afghanistan … In respect of their work at counter-terrorism courts, we know that the FCO’s partnership with the Kabul counter-terrorism courts began in 2015 and that we are aware of the judges we supported through that partnership. The work of both applicants at those courts pre-dates 2015 – hence they are not able to describe any kind of partnership with the FCO. As both applicants state that they tried detainees captured by coalition forces the MOD might wish to consider any relationship they had with the applicants, though noting that none appears evident in the supporting documentation. Their work on work on counter-narcotics appears to post-date the FCO passing HMG leadership of counter narcotics issues to the NCA (2011/2) … [The First Claimant] asserts that his role as director general of investigation and search at the supreme court (2016 to 2021) supported the work of the UK part-funded Counter Narcotics Justice Centre. In any event, any claim to eligibility because of that counter narcotics work should properly be considered by the NCA.”
“I have reviewed the documents on both applications for [another applicant] and [the First Claimant] and the NCA will not support these applicants for ARAP Cat 4. We can find no trace of these individuals working alongside or in partnership with the NCA in Afghanistan therefore we are unable to support that they would have made a substantive and positive contribution towards the achievements of the UK’s government national security objectives with respect to Afghanistan. Neither applicant has provided any evidence to support they engaged with the NCA – we appreciate that the [First Claimant] has provided a photo of [a CNJC] judge but this is not sufficient to prove he built a partnership or a closely supported the NCA. … [The First Claimant] states that his role was as Director General of Investigation and Research at the Supreme Court (2016 to 2021) and he supported the work of the UK part-funded Counter Narcotics Justice Centre; this applicant does not appear on our payment schedule and therefore we have no record of his affiliated to the NCA in this role.”
“65. … Since the duty to give reasons arises from the duty of fairness at common law, what fairness demands will inevitably be fact and context-specific. … 67. Over 128,000 applications for ARAP have been received since the scheme opened in April 2021. This greatly exceeds the number of individuals estimated as even potentially eligible for it. That estimate was 16,500, prior to Operation Pitting, comprising both principals and dependants. Ms Pester says that, were the first defendant required to provide bespoke decision letters that includes detailed reasoning for every single case, this would inhibit how quickly eligibility decisions can be made. It would also divert resource from supporting the relocation of eligible applicants, besides having high costs. … 69. Ms Pester says that ARAP caseworkers prepare decision letters by adapting template documents. If a person is determined to be ineligible, standardised wording is employed to identify the eligibility criteria to which the applicant is subject, specifying which criteria have been met, and which have not, on the first defendant's assessment of the evidence provided by the applicant. For category 4 applicants, there are three different variations of decision letter that unsuccessful individuals may receive, depending on which category 4 criteria the applicant has or has not met. 70. A further issue concerns the translation of the decisions. The template decision letters are translated by humans, as opposed to computer software, in order to allow for greater accuracy. The first defendant considers that human translation is important to ensure that it is fair and accessible to ARAP applicants. If every applicant deemed ineligible for ARAP received a bespoke and detailed decision letter, this would have to be translated on an individual basis. That would either rapidly overwhelm the first defendant's translation capacity, adding delay to the issuing of decisions, or else significantly increased translation costs (as well as the time taken to translate). 71. Overall, as Ms Pester says, the use of template letters allows applicants to understand the basis of the first defendant's eligibility decision, whilst supporting the provision of a fair, accessible and consistent service, which is, in all the circumstances, proportionate. 72. Taken as a whole, Ms Pester's evidence firmly demonstrates, in my view, that the first defendant's approach to the giving of reasons in decision letters concerning eligibility under ARAP is compatible with the common law duty of fairness.”
“… shall from time to time … lay before Parliament statements of the rules, or of any changes in the rules, laid down by him as the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons required by this Act to have leave to enter …”