Entry Visa Denied, Two British Judges In Afghanistan Defeat Ministry Of Home Affairs, Foreign Affairs And Defence

Ilustrasi. (Unsplash/Tingeyinjurylawfirm)

JAKARTA - Two British judges in Afghanistan have won a battle in the High Court, defeating three ministries at once, after saying they felt they were unfairly prevented from moving to Britain.

The two judges' visas were denied despite informing the authorities that the Taliban regime poses a risk to their lives and limbs.

The male and female judges were represented by British lawyers and said they were entitled to immigration leave, with reference to the emergency evacuation of British civilians from Afghanistan in August 2021 following the Taliban takeover.

The Ministry of Home Affairs, Ministry of Foreign Affairs and Ministry of Defense said their claims should be rejected.

However, a High Court judge has upheld their challenge to the ministers' refusal to consider their application under a scheme under which people can be granted leave to enter the UK, on compelling compassionate grounds.

Judge Justice Lang outlined her decision in a written description published Thursday, after considering evidence at a High Court hearing in London in May.

He ruled that the two judges, who live in Afghanistan, could not be identified in media reports about the case.

The judge said Home Secretary Priti Patel must now decide how their request to enter the UK should be handled.

Judge Justice Lang heard that another 'apparative' judge had been granted leave under the scheme.

"In my judgment, there is no rational distinction between the appellate judge and the plaintiff, which can justify granting (leave) to the appellate judge, but not to the plaintiff," he explained.

"In their work as judges, hearing counter-terrorism and national security cases, they contribute to the goals of the British Government in Afghanistan, to promote the rule of law, and to fight terrorism."

“By doing so, they are putting themselves and their families at considerable personal risk. That risk has increased since the Taliban took power."

“They and their families are hiding, but realistically they will be found by the Taliban at some point. There is verified evidence that other judges have been executed by the Taliban."

The two judges also argued they were eligible for admission leave under the Afghan relocation and aid scheme. However, Judge Justice Lang disagreed with the arguments and decided against them.

Lawyer Lisa Giovannetti, QC who leads the government's legal team, had told her in a written argument that ministers had made the decisions they were entitled to make to continue their legitimate goals, in carrying out evacuations and maintaining immigration control.

Giovannetti said the executive had the right to decide who should be evacuated and who should be admitted to the UK.