FMA & ors (claimants/appellants) v The Secretary of State for the Home Department (respondent)

Tuesday 7 November 2023

The main Appellant is an Afghan national who worked as an interpreter in Afghanistan, first for British forces and then for the United States’ army. In June 2021 he made an application to enter the United Kingdom together with his wife and children. That application was made under ARAP. The first application was refused on 16 August 2021, but then new evidence was submitted, and the decision reviewed by the respondent in a decision letter dated 4 March 2022. When these proceedings were commenced, the 4 March 2022 decision was the one under challenge. The main applicant made a second witness statement (dated 26 May 2022) in support of this claim. On 23 October 2022 the main applicant made a third witness statement. That statement was made in response to the Home Secretary’s disclosure in this claim. That statement caused the Home Secretary to review her 4 March 2022 decision. The consideration minute dated 12 January 2023 addressed material provided by the main applicant since the March 2022 decision. While the challenge is formally directed to the respondent’s March 2022 decision, the reconsideration made in January 2023 was also at the forefront of the parties’ submissions during the hearing.

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