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Home ›UK: Court of Appeal, R (on the application of HN and SA) (Afghanistan) v. the Secretary of State for the Home Department
Pending consideration of this case, a generic injunction was ordered prohibiting the forced removal of anyone who was habitually resident in ‘dangerous provinces’ of Afghanistan (anywhere except Kabul, Bamiyan and Panjshir). The Court of Appeal found that the Secretary of State for the Home Department and the Upper Tribunal had properly considered the relevant tests, the evidence on Afghanistan, and the circumstances of the applicants, and their decisions were upheld. This means that the findings in AK that the security situation in Afghanistan does not meet the Article 15(c) threshold remains valid and the general injunction may now be lifted.
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