Ministers are considering whether to urgently move Afghans eligible for relocation to the UK to safety as the deadline for them to leave Pakistan looms, a court has heard.
Around 2,300 Afghans who worked alongside British armed forces have been stuck in hotels in Pakistan for months after the government stopped chartering flights last November and stopped use of hotels in the UK.
Two of those stranded in Islamabad are taking legal action against the prime minister, home secretary, defence secretary and foreign secretary over the government’s failure to bring them to safety.
But the High Court has paused their case until Friday to await an expected government decision on the matter, a judge said on Tuesday.
Mr Justice Chamberlain also ordered the immediate relocation of an Afghan refugee who worked with the British armed forces, currently living in Iran, who has also brought a case against the government urging his relocation.
Documents provided by the government that were relevant to the man’s case, and to that of the two Afghan men in Pakistan, were discussed in private in a closed court on Tuesday, despite representations by The Independent and the Press Association that the evidence be heard in public.
Pakistan police have already stormed one of the hotels housing the UK-bound Afghans, arresting several whose visas had run out. The authorities have also issued an ultimatum to Afghan asylum seekers in the country without legal documents, saying they must leave by 1 November.
When open court resumed after the private hearing, Mr Justice Chamberlain said: “The material I have seen is relevant to the risk posed to these claimants in Pakistan.”
He continued: “I will order the secretary of state to procure the relocation as soon as possible of AZ from Iran to the UK. The reasons for this decision cannot be stated in public.”
The British armed forces work with the US military to evacuate eligible civilians and their families out of the country on August 21, 2021 in Kabul, Afghanistan— (MoD Crown via Getty)
The judge said that although the documents he had seen detailed risk to the Afghan claimants in Pakistan he would give the government the chance to resolve the issue imminently itself.
Lisa Giovannetti KC, on behalf of the government, told the court on Tuesday morning: “We are hoping that there will be a decision later today that will cover relocations and accommodation in the UK.” This decision decision was not made by the end of the court session at 5pm.
Mr Justice Chamberlain said: “The secretary of state should be given the opportunity to take a decision about what is to happen to those who are beneficiaries of the Arap scheme who are currently in Pakistan. Ms Giovannetti tells me that decision will be made later today or very soon. I’ve also asked for further information related to further matters in closed.”
It is not clear whether any decision taken by the government would cover only the men bringing the case or all those awaiting relocation in Pakistan.
If the government decides not to move the claimants, the court will consider representations from their lawyers about the need for them to be moved to the UK later this week.
The Ministry of Defence and Home Office have been approached for comment.
