CX1 & Ors, R (on the application of) v Secretary of State for Defence & Anor

23 April 2024

[2024] EWHC 891 (Admin)

High Court

People challenged government decisions about moving to the UK from Afghanistan. Some won, some lost. Secret information needed to be shown to the judge, but not the people challenging the decisions. A secret judgment was made to protect national security.

Key Facts

•Judicial review claims challenged decisions regarding eligibility for relocation to the UK under the Afghan Relocations and Assistance Policy (ARAP).
•Claims involved both open and closed material applications under section 6 of the Justice and Security Act 2013 and CPR Part 82.
•Sensitive national security information required disclosure to the court and special advocates.
•Special advocates did not oppose the closed material application.
•A closed hearing and judgment were held to address matters raised by special advocates regarding disclosed material.

Legal Principles

Application of the Afghan Relocations and Assistance Policy (ARAP)

ARAP

Closed material procedure under section 6 of the Justice and Security Act 2013 and CPR Part 82.

Justice and Security Act 2013, CPR Part 82

Duties of candour

Not explicitly stated, implied by the need for disclosure of sensitive material.

Open justice principle

Implicit in the judgment

Outcomes

CX1 and CX6 applications quashed and remitted for redetermination.

Reasons given in [2024] EWHC 94 (Admin).

CX2 claim withdrawn.

Claimant withdrew.

CX4 and CX7 claims dismissed.

Reasons given in [2024] EWHC 94 (Admin).

MP claimants' decisions quashed.

Reasons given in [2024] EWHC 410 (Admin).

Declarations granted allowing closed material applications.

Necessary to comply with duties of candour and protect national security.

Closed judgment handed down on 19 April 2024.

To address matters raised by special advocates regarding sensitive material.

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