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Home Office Rejects Afghan Family’s Visa Appeal to Reunite with Son in the UK

Home Office Rejects Afghan Family’s Visa Appeal to Reunite with Son in the UK
Monday 09 September 2024 - 15:30
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The Home Office has denied a visa application from an Afghan family seeking to reunite with their son, who was evacuated to the UK during the fall of Kabul in 2021.

The boy, referred to as Ahmad, was just 10 years old when he was brought to the UK with his uncle and aunt during Operation Pitting, an emergency evacuation effort that saw approximately 15,000 British nationals and eligible Afghans airlifted from Afghanistan amidst the Taliban's advance.

In February 2023, Ahmad's family, who are currently in hiding in Afghanistan, submitted a family reunion visa application to join their son in the UK. However, in June 2024, the Home Office rejected the application, asserting that Ahmad, now 13, did not meet the criteria as a valid sponsor since he had arrived in the UK under the Afghan Citizens Resettlement Scheme (ACRS).

A letter from the Home Office to Ahmad’s father, reviewed by the Guardian, stated: “You have failed to show any exceptional dependency between you and your sponsor [Ahmad] … As such, I am satisfied that this refusal has not breached your right to a family life.”

Additionally, the Home Office contested that the family was not facing "exceptional" risk in Afghanistan, despite Ahmad’s father’s claim of having worked with a company associated with the Western efforts in the country. The letter downplayed the severity of their situation, noting that they had managed to obtain identity documents under Taliban rule.

Ahmad’s father, speaking through an interpreter, expressed deep frustration and sadness over the decision. “My life is in danger because I worked with foreign forces … The decision from the Home Office made us very upset. We felt that we had the right to be reunited with our child.”

Since Ahmad’s arrival in the UK, he has been living with his paternal uncle and aunt and has started attending school. His aunt described Ahmad’s bond with his family as “very close” and expressed shock at the Home Office’s refusal. “He is still a child,” she said. “We all know that children need their parents, especially at his age.”

The family’s case is being represented by lawyers from the Afghan pro bono initiative, managed by the refugee charity Safe Passage International and Refugee Legal Support. They have filed an appeal against the Home Office’s decision and are awaiting a hearing date.

Helena Cullen, Ahmad’s lawyer, noted that he is among roughly 80 children who were separated from their families during the chaotic 2021 evacuation. She expressed hope that the new separated families visa route announced by the government in July might provide a solution for Ahmad and others in similar situations.

Dr. Wanda Wyporska, Chief Executive of Safe Passage International, called for the acceptance of the family’s reunion application, citing concerns over Ahmad’s deteriorating mental health. “This boy is depressed, struggling at school, and has night terrors about the separation,” she said.

The Home Office commented that “all applications are carefully considered on their individual merits and in line with the immigration rules,” but maintained its policy of not commenting on individual cases.