A female lawyer from Afghanistan who says her life is at risk from the Taliban has lost a British High Court challenge over the operation of a UK government resettlement scheme.
The prosecutor and women’s rights activist argued she was “wholly excluded” from the Afghan Citizens Resettlement Scheme (ACRS), claiming its narrow implementation was unlawful.
According to the London Evening Standard, lawyers for the woman, who specialised in prosecuting cases involving violence against women, forced marriage and honour crimes, alleged that at-risk people who had a “legitimate expectation” of being considered under the scheme were excluded instead.
The court was told that the “exceptionally vulnerable” campaigner, who cannot be named, had openly criticised the Taliban, repeatedly received “direct threats” over her work for several years and has been in hiding since August 2021.
But the UK government denied the implementation of the ACRS was unlawful, and in a ruling on Wednesday her case was dismissed by a High Court judge.
Mr Justice Bourne ruled that the woman had failed to establish she had a legitimate expectation of consideration under the scheme and that the policy did not exclude her from any category.
He said the British government had “repeatedly stated that there would be a focus on those who had directly assisted the UK or its international partners in Afghanistan”.
“The claimant does not fit that description so closely that she could expect, with confidence rather than just hope, to benefit from the scheme,” the judge added.
“That does not mean that she is not in great danger. Nor am I questioning her contribution to the democratic values which the UK and its partners sought to uphold in Afghanistan.”
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The judge said the British government had “a legitimate policy objective” in focusing on those who had directly assisted it in Afghanistan, and that the scheme was “proportionate” in achieving that objective.
He said the woman had “alternative means” of challenging the Government’s decision, including applying for asylum.
The woman’s lawyers said they were “disappointed” with the ruling, but said they would be considering their next steps.
“Our client is a courageous and dedicated woman who has risked her life to stand up for the rights of women and girls in Afghanistan,” they said in a statement.
“She is now in hiding and in fear for her life. We will continue to do everything we can to help her.”
The ACRS was launched in November 2021 to resettle up to 20,000 Afghans who were at risk of persecution by the Taliban.
The scheme is open to a range of groups, including those who worked for the UK or its international partners in Afghanistan, those who are particularly vulnerable, such as women and girls, and those who have been persecuted for their beliefs.
However, the scheme has been criticised for being too narrow and for excluding many of those who are most in need of help.
In January, the British government announced that it would be expanding the scheme to include more groups, including those who have worked for the media or civil society in Afghanistan.
However, it is not clear when these changes will come into effect.
