Female Afghan Judge Denied UK Entry by Home Office

Application to Appeal

A former senior female judge in Afghanistan is now in hiding in Pakistan with her son after their application to join British and other settled family members in the UK was denied. The woman (known as “Y” to protect her identity) worked in the criminal court system as a senior judge on cases involving murder, rape, violence against women, terrorism offenses, and conspiracy against the Afghan government. Before fleeing Afghanistan, the judge’s home in Kabul was attacked and the judge feared that both she and her son will be killed if found.

To complicate matters further, the judge has a history of overseeing security cases involving Taliban members who are now free from their convictions and currently have roles in the new Afghan government. Y believes that if found, she will face certain death like many of her former colleagues in Afghanistan who were assassinated when the Taliban took over the country.

Y’s lawyers believe that despite the judge being eligible for UK resettlement during the first evacuations of at-risk Afghans, Y was not called up due to administrative error. In November 2021, Y applied for resettlement in the UK for herself and her son based on article 8 of the European court of human rights. Following the Home Office’s refusal, attorneys will now file an appeal to the Immigration Tribunal on behalf of Y and her son. It is expected that Y and her son will receive a decision on this appeal in 3-4 months.

Where is the judge now?

According to Y’s attorneys, Y and her son are in hiding at an unsafe and non-secure location in Pakistan. Both Y and her son live in fear of being found by Pakistani authorities who if discovered by them, will face deportation back to Afghanistan where they will be killed by the Taliban. The stress of the situation has made family members who are based in the UK fearful that the judge will take her own life to avoid capture.

The response from the UK Home Office

Given the dangerous nature of this case, Y’s lawyers have consistently pursued quick action from the Home Office regarding her application for resettlement. According to Y’s attorneys, the Home Office has ‘dragged their feet’ in processing the application citing delays due to resources and priorities being redirected to applications from Ukrainian nationals.

So far, over 21,000 Afghan women, children, and other at-risk individuals have been legally resettled in the UK.