Refusal Of Entry To The UK On National Security Grounds

• Published date: 04 October 2022
• Subject Matter: Immigration, General Immigration, Work Visas
• Law Firm: Richmond Chambers Immigration Barristers
• Author: Mr Alex Papasotiriou

The case of Alo & Ors, R. (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 2380 involved a judicial review claim brought by a family of Afghan nationals against the Secretary of State for the Home Department's decisions to refuse their applications for entry clearance under the Immigration Rules. In a rolled-up hearing, Swift J granted the Claimants permission to apply for judicial review on the four grounds advanced and allowed their claim, remitting their applications to the Secretary of State for further consideration.

The First Claimant is an Afghan national who had worked as an interpreter for the British military in Afghanistan. The Second Claimant is his wife and the remaining Claimants are their children. The Claimants made an application under the Afghan Relocation and Assistance Policy and were informed that they were eligible for relocation to the United Kingdom, provided they met the requirements of paragraph 276BA1 of the Immigration Rules requiring them to apply for, and obtain entry clearance prior to their arrival. In turn, that was on the proviso that their applications did not fall for refusal under the grounds of refusal contained in Part 9 of the Rules.

The Claimants applied for entry clearance under the Rules on 2 June 2021. The First Claimant applied on the basis he was a "relevant Afghan citizen" and the remaining Claimants applied as his dependants. Their applications were refused on 30 July 2021 under paragraph 9.3.1. of the Rules, on the basis that the First Claimant's presence in the UK had been assessed as not conducive to the public good on grounds of national security due to his conduct, character and associations. The remaining Claimants' applications were refused in line with the application of the First Claimant.

The Claimants challenged these refusals by way of judicial review proceedings. These proceedings were withdrawn on account of the Secretary of State's agreement to withdraw the 30 July 2021 decisions and reconsider the visa applications. On 10 November 2021 the Secretary of State issued further decisions refusing the applications for entry clearance. The First Claimant's decision confirmed that a reconsideration had been undertaken, taking into account all the information available to the Secretary of State, including representations the First Claimant had put forth in witness statements, and proceeded to refuse the application on the same basis as the 30 July 2021 decision. The...