23 Jun Afghan Relocations and Assistance Policy & ‘The Triples Review’: Litigation Update
On 21 – 23 May 2025 the High Court heard a judicial review challenging the UK Government’s handling of the Triples Review, a process established to reconsider blanket refusals of protection applications submitted by members of the Afghan ‘Triples’ forces. These elite units were trained, funded, and equipped by the UK and worked closely with UK Special Forces.
The legal challenge focused on two key issues:
- The Government’s failure to inform Triples applicants whether they were included in the Review.
- The lack of notification regarding whether their applications had been refused.
The case also argued that the Government should publish the internal guidance being used by caseworkers, as it contains important assumptions and criteria that applicants need to understand. The Court’s judgment is currently pending.
As the judicial review was complex and resulted in further disclosures, we have summarised the key information that we have obtained below. Please note that ARAP correspondence and UK Government updates remain the most authoritative guide to the ARAP process and should be relied on where available.
Triples Review – Phase 1
- Scope: Phase 1 reassessed approximately 2000 previously refused ARAP (Afghan Relocations and Assistance Policy) applications. Only those refusals that had been referred to UK Special Forces for assessment were included. Many Triples applications were excluded, as only those deemed “credible” by ARAP caseworkers were referred. After May 2023, a policy change meant that few applications from Triples who joined post-2014 were considered credible.
- Outcomes: The Government has stated that Phase 1 is now effectively complete. Around 30%of the refusals have been overturned. The other 70% are expected to be formally notified shortly that they have been refused under the Triples Review (except for a small number who are within Phase 2).
Triples Review – Phase 2
- Expansion of Scope: There will now be a new “Phase 2” of the Triples Review, in which up to 2500 Triples refusals that were previously out of scope of the Triples Review will be assessed against pay and employment records. In addition, around 130 cases previously within Phase 1 will now be assessed against those records.
- Focus: The UK Government says that Phase 2 is likely to consider large numbers of applications from people who served in the later years of the UK’s presence in Afghanistan. However, the Government has clarified that not all types of supplementary payments will automatically qualify an applicant under ARAP.
Decision Notifications and Scope Clarifications
- Scope Confirmation: Triples ARAP Applicants can now contact the ARAP team by the usual email address to confirm whether their application is within the scope of the Triples Review (Phases 1 or 2).
- Decision Notifications: All applicants whose ARAP applications have been considered in the Triples Review will receive a decision letter/email, including reasons for any refusal.
- Requesting a Review: Applicants may request a review of a negative decision under the Triples Review. The request must be made within 90 days of the Triples Review decision date, unless exceptional circumstances apply.
Background: The Triples Review
The UK Government believes that around 5000 members of Afghan Special Forces worked with UK forces in Afghanistan.
The Triples Review was announced in Parliament on 1 February 2024. The stated aim was to address ‘inconsistencies’ in the decisions made on approximately 2000 ARAP applications made by members of the Triples. It was anticipated to take around 12 weeks to complete.
On 14 October 2024 a further Parliamentary Statement confirmed that around 25 per cent of original rejections had been overturned, due to the ‘discovery’ of pay records which showed that many Triples members were directly employed by the UK government.
On 16 May 2025, the UK Government stated that the overturn rate was 30% and announced ‘Phase 2’ of the review to consider Triples ARAP refusals against pay and employment records, and acknowledged that in some cases these records will mean that Triples meet ARAP eligibility criteria. Phase 2 will be completed “as quickly as possible”.
On 20 May 2025, further details of ‘Phase 2’ of the Triples Review were published.
This update is correct as at 23 June 2025. It does not constitute legal advice. Where advice is required please consult a qualified lawyer/adviser.
A PDF of the above information can be downloaded here: Triples Review – Information Update (DPG) – June 2025
Press Reporting
BBC, Special Forces rejected 2,000 credible asylum claims from Afghan commandos, MoD confirms, 17 February 2025
BBC, Top UK Special Forces general oversaw blocking of Afghan ‘war-crime’ witnesses to Britain, 12 May 2025
BBC, Special Forces officer blocked 1,585 Afghans from UK, 23 May 2025
Independent, Process for allowing Afghan troops to UK ‘a disaster area’ that could be likened to ‘a crime scene’, court hears, 22 May 2025
Independent, UK officer who oversaw rejections of Afghan asylum claims could be linked to war crimes inquiry, High Court hears, 22 May 2025
Daily Mail, SAS officer ‘blocked bid by Afghan troops to come to UK because they may have witnessed war crimes’, 24 May 2025
Observer, Triple jeopardy: the betrayal of Afghanistan’s finest, 25 May 2025
23 JUNE 2025
Share this story
