Brenda Efurhievwe was instructed to challenge the delay in considering the referral of several vulnerable Afghans under the Separated Families Pathway of the Afghan Citizens Resettlement Scheme (“ACRS”). The pathway closed for referrals on 30 October 2024.
The Applicants in this case are a family of several minor children, currently under the sole care of their mother – a lone woman, residing in Afghanistan with no male support, since August 2021. The family’s sponsor is a lone child with no family in the UK, supported by friends of the family since his evacuation under operation Pitting.
Following a permission hearing on 7 November 2025, the Upper Tribunal granted permission to judicially review the delay in considering the above referrals.
During the proceedings it transpired that the Home Office may be operating an unpublished policy regarding the order in which referrals under the ACRS: Separated Families Pathway are considered.
Permission was granted on the grounds that it is arguable that the Secretary of State’s decision to consider all referrals made under ACRS: Separated Families Pathway in date order may be unlawful. The Respondent’s grounds of resistance did not indicate a discretion to consider referrals out of date order. The Applicants also demonstrated that considering all referrals under this scheme in a strict date order is arguably irrational and inconsistent with the Respondent’s obligations under s. 55 of the 2009 Act, as particularly vulnerable children should be given priority.
Brenda Efurhievwe was instructed by Kulachi Solicitors. Brenda is a member of the Immigration and Public Law team and accepts instructions in cases concerning immigration and asylum, and related public and civil law claims.
Related barristers: Brenda Efurhievwe (Efu-rie-ve)
Related practice areas: International Human Rights, Immigration and Public Law
