Secret Court of Appeal judgment addressing the Afghan data leak is opened up

The Court of Appeal have (24th October 2025) handed down the open version of a closed judgment which was originally handed down on 4 July 2025.  The appeals of AFA and others and QP1 and others were heard together in an entirely CLOSED hearing. In light of the exceptional sensitivity surrounding the Afghan data leak, at the time, neither the Appellants nor their open representatives were aware that the appeals were taking place before the Court. Since the disclosure of the data leak, in July 2025, it has now been possible for an open version of the Court’s judgment to be provided.

The Appellants, represented by Special Advocates, sought to challenge the relocation policy put in place to protect those affected by the data leak, following the Divisional Court’s judgment in CX1.  Arguments were advanced on the grounds that the policy was irrational and that it constituted an unlawful fetter of the Secretary of States’ discretion.

David Lemer leading William Tyzack acted for AFA and others

Zubair Ahmad KC leading Dominic Lewis acted for QP1 and others

Sir James Eadie KC, Alan Payne KC and Jonathan Worboys acted for the Secretaries of State in the case of AFA and others

Sir James Eadie KC, Richard O’Brien KC and Jonathan Worboys acted for the Secretaries of State in the case of QP1 and others

A link to the judgment is here.