Lilshira
High Court rules ARAP review must precede court challenge
The High Court has ruled that the Afghan Relocations and Assistance Policy (ARAP) review process must be completed before any judicial review can be launched. The decision, announced in a 2026 judgment, applies to Afghan nationals seeking relocation under ARAP and highlights a backlog of more than 3,500 pending reviews that can take 18 to 24 months.
In this story
At a glance
- What changes
- High Court rules ARAP review must be pursued before any court challenge
- Timing
- No specific effective date given; ruling applies immediately
- Who is affected
- Afghan nationals applying for relocation under the Afghan Relocations and Assistance Policy
The details
- Announced by
- High Court
- New rule
- The ARAP review process is now recognised as a suitable alternative remedy that must be completed before seeking judicial review.
Court Decision
In R (on the application of COR) v Secretary of State for Defence [2026] EWHC 2655 (Admin), Mr Justice Bourne held that the review mechanism set out in the Afghan Relocations and Assistance Policy is a suitable alternative remedy. The judgment refused the applicant’s request to challenge a relocation refusal in court before the scheme’s own review was finished, emphasizing procedural requirements over the merits of the case.
- The ruling focuses on procedure, not the substantive merits of relocation applications
- It confirms that ARAP’s internal review must be exhausted before any judicial review
Impact on ARAP Applicants
Applicants who have received a refusal or are awaiting a decision under ARAP must now wait for the internal review to be completed before they can approach the courts. This adds a mandatory step that can extend the overall timeline for those seeking relocation, as the review is treated as a prerequisite legal remedy.
- All pending ARAP cases are subject to the same procedural requirement
- The decision does not alter the substantive criteria for relocation
Backlog and Expected Timelines
Government evidence cited in the judgment indicates that complex ARAP reviews currently take between 18 and 24 months to resolve. More than 3,500 reviews remain outstanding, underscoring a significant backlog that applicants are likely to face while complying with the new procedural order.
- The backlog reflects the scale of pending cases across the scheme
- Applicants should anticipate a waiting period of up to two years for a review outcome
What this means for travellers
Trip planning
- Applicants with pending ARAP decisions must wait for the internal review before any court action, potentially extending travel plans
- No immediate changes to entry requirements for travelers already holding UK visas
Cost and documents
- No new fees are introduced by the ruling; existing ARAP application fees remain unchanged
- Applicants may need to provide additional documentation required for the ARAP review process
What you need to do
- Submit all required information to the ARAP review team before considering any judicial review
- Monitor the ARAP case status regularly for updates on processing times
Who this affects
-
Afghan nationals applying under ARAP
They are subject to the ARAP review process that the High Court has confirmed must be completed first
What to do Must complete the ARAP internal review before any court challenge
-
Afghan former security guards at the British Embassy in Kabul
The highlighted case involved a former security guard whose relocation refusal was refused to be challenged in court
What to do Must follow the ARAP review procedure before seeking judicial review
-
Afghan applicants with pending relocation decisions
The ruling applies to all pending ARAP cases, requiring the review before legal action
What to do Await the outcome of the ARAP review before pursuing any court proceedings
-
UK officials managing the ARAP scheme
The decision places responsibility on the scheme to provide a functioning review as an alternative remedy
Frequently asked questions
Can I challenge an ARAP relocation refusal in court before the internal review?
No, the High Court ruled that the ARAP review must be pursued first, making the internal review a prerequisite to any judicial challenge.
What does the High Court decision mean for ARAP applicants?
It means applicants must wait for the scheme’s own review to finish before they can bring a case to court, adding a mandatory procedural step that may extend overall processing times.
How long are ARAP reviews expected to take?
Government evidence cited in the judgment indicates that ARAP reviews typically take between 18 and 24 months to complete.
How many ARAP cases are currently backlogged?
More than 3,500 ARAP reviews remain outstanding, according to the information presented in the High Court case.
Does the ruling introduce any new fees for ARAP applicants?
The judgment does not mention any new fees; existing application costs for the ARAP scheme remain unchanged.
What steps should an applicant take after the ruling?
Applicants should ensure all required documents are submitted to the ARAP review team, monitor their case status, and only consider judicial review after the internal review has been completed.
