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Afghan interpreters granted permission to challenge UK resettlement restrictions

Summary

Court grants permission for Afghans to argue that Government's failure to provide resettlement scheme on par with Iraqi interpreters is discriminatory

By EIN
Date of Publication:
13 January 2015

The Guardian reported today that the Court of Appeal has granted permission for Afghan interpreters working with British forces to challenge UK resettlement restrictions.

Image credit: WikipediaAccording to the Guardian, the Court ruled that the Government must respond to claims it failed to consider equality issues before offering Afghan interpreters a resettlement scheme that was much more restrictive than the one offered to their Iraqi counterparts.

The case was brought by two Afghan interpreters who worked for the UK Government in Afghanistan for several years. The interpreters' solicitors, Leigh Day, said in a press release that both men suffered serious injuries in Taliban attacks and have been subjected to threats to their life and intimidation.

According to Leigh Day, today's Court of Appeal judgment overturns a decision taken by the High Court last June refusing the claimants permission to argue that the government had failed to comply with its public sector equality duties when reaching its decision not to provide former Afghan interpreters with the same resettlement scheme as former Iraqi interpreters.

In today's judgment, Lord Justice Sullivan said that it was in the public interest for the court to consider whether the government had complied with its statutory duties in making the decision, particularly given the nature and importance of the decision taken.

Leigh Day's Rosa Curling told the Guardian "We are delighted that the court has granted permission for this important legal argument. The refusal by the government to offer the same resettlement scheme to Afghan interpreters as to Iraqi interpreters is discriminatory and unlawful."

A government spokesman told the Guardian: "The government will consider the next steps in time for the substantive hearing but we remain confident that our policies are generous, fair and lawful."

Leigh Day says that following today's judgment, a full substantive hearing is likely due to take place in the next few months.