Gurung, R (On the Application Of) v Secretary of State for the Home Department (ACRS meaning - policy interpretation principles)
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What was at stake
The case concerns the interpretation of the Afghan Citizens Resettlement Scheme (ACRS) policy and principles of policy interpretation in immigration matters.
What the court decided
The Upper Tribunal (IAC) held that eligibility for resettlement under the Afghan Citizens Resettlement Scheme (ACRS) is not confined to Afghan nationals, but a potential beneficiary must establish that recent events in Afghanistan put them at future risk such that they require a route to safety — past assistance to UK/allied forces and nationality are not, by themselves, sufficient. Applying objective policy-interpretation principles distilled from the authorities, the Tribunal read "risk" in the ACRS as forward-looking. Because Mr Gurung, a Nepalese national able to return to his home country, could not establish future risk in Afghanistan, the SSHD's refusal disclosed no public law error. The judicial review was accordingly refused.
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Authoritative link
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