Home Office grants 3 years leave to Afghan national who challenged refusal under the Ukraine Family Scheme on discrimination grounds

M, an Afghan national who had lived in Ukraine for over 7 years when the war started in February 2022, applied in March 2022 under the Ukraine Family Scheme to join his British brother in the UK. His brother worked for the British Army as an interpreter in Afghanistan and was resettled in the UK a number of years ago after working in a dangerous role in Helmand and risking his life to save a British soldier.

M’s application was refused (in total four times, after various reconsiderations) because he was not a Ukrainian national, though it was accepted that had he been Ukrainian he would have met the requirements to come to the UK under the Ukraine Family Scheme. He sought judicial review of the refusal.

M argued, amongst other things, that the application of the Ukraine Family Scheme Rules was discriminatory on grounds of nationality, and that he should be granted leave outside the Immigration Rules in view of his particular circumstances and to avoid unlawful discrimination in breach of Article 14 European Convention on Human Rights. He maintained that he was no less in need of family support following the war in Ukraine than a Ukraine national particularly when he had also been forced to leave his home in Ukraine and could not safely return to his country of nationality, Afghanistan. In support of his case he submitted evidence from a psychologist which showed he was suffering from trauma related mental health problems following his experiences in Afghanistan and Ukraine, that he needed support from family following the war in Ukraine, and that it had been a ‘distressing and traumatising experience to be denied entry to the UK at a time of such need and to believe that this is a result of his nationality and, therefore, discriminatory’ and this had a negative impact on his sense of self and his value as a human being, such that he feels ‘sub-human’.

The judicial review was fixed for a full hearing on 28 July 2023 in the Upper Tribunal (IAC), but in the week prior to the hearing the Home Office granted him leave to remain outside the Rules for 3 years, resulting in the case settling.

M was represented by Michelle Knorr instructed by Adam Jones at The Joint Council for the Welfare of Immigrants.