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RASC News > Afghanistan > British High Court Scrutinizes Rejected Asylum Claims of Former Afghanistani Soldiers amid Allegations of Systemic Negligence and Taliban Threats
AfghanistanNewsWorld

British High Court Scrutinizes Rejected Asylum Claims of Former Afghanistani Soldiers amid Allegations of Systemic Negligence and Taliban Threats

Published 22/05/2025
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RASC News Agency: The United Kingdom’s High Court has initiated a legal review into the British Ministry of Defence’s handling of asylum applications submitted by former Afghanistani military personnel. The legal challenge, filed by a former member of Afghanistan’s security forces, accuses the Ministry of Defence (MoD) of unlawfully rejecting hundreds of asylum claims submitted by Afghanistani allies who had served alongside British troops during the two-decade war. The lawsuit follows a series of explosive investigative reports by leading British media outlets, which revealed widespread procedural irregularities, opaque decision-making, and possible conflicts of interest in the MoD’s processing of asylum cases. These revelations have sparked public outrage, particularly as many of the rejected applicants now face grave threats including imprisonment, torture, or death under the Taliban regime.

According to the case filed before the High Court, thousands of Afghanistani applicants, including elite commandos and interpreters who directly supported British military operations, were denied asylum despite being at high risk of Taliban persecution. The legal team representing the applicants argues that the MoD’s review process lacked transparency, due process, and humanitarian consideration. “These decisions are not just administrative failures they are decisions that determine whether someone lives or dies,” stated the lawyer representing the former Afghanistani soldiers. “By abandoning its allies to a brutal regime like the Taliban, the UK government is failing both morally and legally.”

One of the most alarming aspects of the case is the revelation that British special forces who are themselves under investigation for alleged war crimes committed in Afghanistan were granted significant authority in approving or rejecting asylum applications submitted by their former Afghanistani colleagues. This raises profound ethical and legal questions, as these units may have incentives to deny applications in order to suppress potential witnesses or cover up past misconduct. Former Minister for Veterans’ Affairs, Johnny Mercer, acknowledged these concerns in a confidential letter sent in January 2024, in which he warned senior officials that the involvement of special forces in asylum reviews represented a “deep and unacceptable conflict of interest.”

According to testimony in court, during the summer of 2023, as political pressure mounted over Britain’s failure to resettle its Afghanistani allies, the Ministry of Defence fast-tracked thousands of asylum cases without thorough examination. Many of these applications were allegedly dismissed hastily, without sufficient documentation or individual assessment. In response to the criticism, the MoD claimed it had reopened and reviewed approximately 2,000 asylum cases linked to former Afghanistan’s special forces. However, lawyers representing the plaintiffs argue that the review was superficial and narrowly focused. Only files that had been pre-filtered by MoD staff and specifically referred to British special forces were reconsidered. The majority of cases, they assert, were left untouched and unjustly denied.

This case illustrates a stark and ongoing failure by Western governments to uphold their obligations to those who risked their lives for allied operations. While the Taliban continues its campaign of targeted retribution against former military personnel, many of these abandoned Afghanistani soldiers remain in hiding, facing daily threats to their lives with no safe haven in sight. The Taliban, emboldened by international inaction and aided by the bureaucratic failures of Western allies, continues to consolidate power through fear, violence, and ideological purges. Its repression of former security forces is systematic and deliberate, aimed at dismantling any remnants of the previous republican order.

The High Court’s review may now serve as a crucial reckoning not only for the British government’s role in these denials but also for the broader ethical responsibility of democratic nations to protect their wartime partners from regimes such as the Taliban. For many former Afghanistani soldiers, this legal battle may represent their final hope for justice and survival.

RASC 22/05/2025

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