PARLIAMENTARY DEBATE
Former Afghan Special Forces: Deportation - 11 December 2023 (Commons/Commons Chamber)

(Urgent Question): To ask the Secretary of State for Defence if he will make a statement on former Afghan special forces facing deportation from Pakistan to Afghanistan.

I thank the shadow Minister for asking this urgent question.

The Afghan relocations and assistance policy is far more generous in design than predecessor schemes such as the ex-gratia scheme. None the less, ARAP is a specific scheme intended to support those who worked for, with or alongside the UK armed forces in support of the UK mission or national security objectives in Afghanistan. While we are acutely aware of the difficult circumstances in which many Afghans find themselves, not everyone will be eligible even if they worked for the Afghanistan security forces. Many Afghans have worked in proximity to UK armed forces but this may have been in service of the Afghan Government, in a nation-building capacity, or though working directly with other nations.

CF333 and ATF444, known as the Triples, were Afghan-led taskforces set up to counter drug trafficking and organised crime and they reported into the Afghan Ministry of Interior Affairs. They are therefore a component of the Afghan national security forces and are not automatically in scope for relocation under ARAP. Regrettably, we cannot relocate all former members of the Afghan national security forces under the ARAP scheme. That means that some Afghans, whose bravery and heroism are in no doubt whatever—indeed, I served alongside many of them myself—such as certain members of the CF333 and ATF444 taskforces, will not be eligible for relocation under ARAP. Each ARAP application is assessed on a case-by-case basis. All applications, including those from former members of the Triples, are scrutinised on their own merits and in line with our published policy and eligibility criteria, available on the Government website, and in line with the immigration rules. All applicants, irrespective of job role, will be eligible only if they individually meet these criteria outlined in the published policy.

I must emphasise this point for the record: any suggestion that we are making blanket decisions—eligible or ineligible —for any cohort of applicant, or that we have any preconceived position on any application to the scheme, is simply untrue. That is not the approach that Defence takes on processing applications as a matter of policy. The MOD consults the evidence provided from each applicant and our own internal records and engages with internal stakeholders and other Departments when determining eligibility in line with the Afghan relocations and assistance policy and the immigration rules.

Since before the fall of Kabul, the Government’s treatment of Afghans who worked alongside British troops has been a shameful saga of failure. Ministers have failed to deal with the ballooning backlog of ARAP applications, broken housing promises, data breaches and Afghans stuck abroad in limbo fearing for their lives. Today, we have learned from reports that former Afghan special forces who served alongside British troops are possibly facing deportation back to Afghanistan. Let us be clear: that means that lives could be put at serious harm from the Taliban.

All of us in this House want to see the Government finally and fully honour the commitments given by Britain as a nation to these Afghans. That is why we are all here today. Urgent detail is now needed from the Minister about this escalating situation. First, how many former Afghan special forces who served alongside our forces are at risk of imminent deportation from Afghanistan to Pakistan? What assessment has been made by the Ministry of Defence of the threat to these Afghan elite forces if they are deported back to Afghanistan? What assessment has been made of the threat to their families, and is it as grim as we all fear?

What is the current backlog in ARAP cases? In a parliamentary question answered last week about the safety of Afghan refugees in Pakistan, the Government said that they had

“received assurances from the Government of Pakistan that Afghans being supported…under the Afghans Relocations and Assistance Policy (ARAP) and Afghan Citizens Resettlement Scheme (ACRS) will remain safe in Pakistan while they await relocation to the UK.”

In light of today’s news, what were the original assurances given to the UK by the Pakistani Government? Can the Minister confirm that zero Afghans pending ARAP or ACRS application decisions or relocations will be sent back to Afghanistan?

General Sir Richard Barrons, who served with the British Army for 12 years in Afghanistan, described the failure to relocate these former Afghan special forces to the UK as a “disgrace” and a “betrayal”. He is right, is he not? There can be no more excuses. Ministers must fix their ailing Afghan schemes and honour the commitment given to our Afghan friends before they are deported back to Afghanistan and potentially killed by the Taliban.

I am not sure where to start on that. What the hon. Gentleman I think is knowingly doing is conflating a number of separate issues. There is the issue over the processing of those who can legitimately come to the UK under the ARAP scheme. Finding those applicants in among tens of thousands of applications —many of which are duplicates and many of which are bogus, though plenty are not—has been a heck of a task for the team within the MOD that have been tasked with that over the past two years. However, we are getting to the bottom of the pile.

Crucially, those who are eligible under category 2, which is those who worked directly for the British armed forces, whether as patrol interpreters or cultural advisers and so on, are known to us. We have the employment records, so, as I have said to the House many times, we have been able to go into the list of applications, find those whom we are looking for and whom we know to have worked for us and accelerate their approval. As we get through the tail end of the applications, we are seeing lots of rejections, because frankly we have already gone ahead and found those who matched the employment records that we had from our time in Afghanistan. On those who are eligible for the core of the scheme, I have a great deal of confidence that we really are reaching the bottom of the list, and we are moving at pace to bring them out. I will first answer the hon. Gentleman’s question about the deportation of those who are eligible.

I spoke to both the UK high commissioner to Islamabad and the Pakistan high commissioner to London this afternoon before coming to the House. Both are entirely comfortable with the assurances we have received from the Pakistan Government that those for whom we have made an eligibility decision will not be deported. I know of one case where somebody who had received a rejection was deported before their appeal was heard. I am not sure that there is necessarily anything we can do to mitigate that—Pakistan is, after all, a sovereign country and has every right to say who can and cannot be in the country—but that person, whose review was successful, was successfully brought back into Pakistan and is now waiting to come to the UK.

As for those in Islamabad, wider Pakistan or any other third country and who may have worked for the Afghan special forces, the answer is that we cannot possibly know that, because we do not have the employment records of the Afghan special forces. Therefore, we cannot say who did and did not work with them. We know who has applied to ARAP, and every time someone does, we make an individual judgment about what that person did. Were they just a member of the Triples—heroic and important, but not necessarily working directly for and with us—or were they a member of the Triples who routinely worked with UK special forces or the intelligence community, who would thus be eligible under ARAP category 4? I appreciate that that is a suboptimal answer to the hon. Gentleman’s question, but if we do not know who worked for the Afghan special forces because they work for the Afghan Ministry of Interior Affairs or the Afghan Ministry of Defence, it is impossible to say how many of those people may or may not now be in Pakistan.

I think I am right in saying that the International Security Assistance Force was officially a NATO assistance force to the then Afghan Government, so what is there to prevent NATO countries from banding together and making joint representations to the Pakistani Government that whatever they do with former service personnel who, at our request, fought against the Taliban, they should not now mercilessly deport them to the tender non-mercies of the Taliban, who are currently out for vengeance?

I understand my right hon. Friend’s question. He is a great champion of this cohort. NATO countries—and, indeed, countries beyond NATO, like Australia—routinely make representations to the Pakistani Government, who have been incredibly flexible and supportive in working for us. The challenge—it is sad to have to say this—is that there are many people who claim to have served in the Triples who may well not have done. If my right hon. Friend were to go through the casework files on our system, he would see the same pictures submitted again and again as evidence by people claiming to have worked in the Triples. Absent those employment records from the Afghan MOIA or the Afghan MOD, it is incredibly hard to say who is and who is not legitimate, given that often people are accessing on social media stock photographs that they seek to use as evidence. I have every confidence that the Pakistan Government are being incredibly flexible and supportive, but it is very difficult to ask them to allow everybody who claims to have served in a unit to stay when that is incredibly hard to verify, other than when people in the UK MOD, the US DOD, the Australian Department of Defence or wherever else can personally vouch for the relationship they had with that operator.

I am sure the Minister will recognise that it is not only Members of the House, but some of his ex-comrades in arms—even people like my own brother, who served two tours of duty in Afghanistan—who are deeply concerned about the idea of their former comrades in arms being forced back into the hands of the Taliban. To them, it seems to reflect a reality: there is a lack of clarity about why some people are not getting access to schemes to access the UK, especially those who fled without paperwork—because, as I am sure we can imagine, the Taliban will not be giving ex-special forces any passports anytime soon.

I wonder whether the Minister answer two specific points. Does he recognise the reality that ex-special forces from Afghanistan would face if they were given back into the hands of the Taliban? Does he agree that while Pakistan may have the right to do so, it has not always been the best arbiter of relationships with the new regime in Afghanistan and has sometimes gone out of its way to undermine a collective approach to them?

On the hon. Gentleman’s last point, I am reluctant to join him in making that criticism, because, in my experience of dealing with the Pakistan Government—of whom I have asked an awful lot, as did the Chief of the General Staff when he recently visited and was hosted by the Pakistan chief of the army staff—they have been incredibly accommodating; they have arguably been more accommodating to the UK’s requests than those of other allies and partners.

On the hon. Gentleman’s first question—a deeply uncomfortable one—I do indeed recognise the danger. I recognise the danger faced by the kandak that I served alongside in the upper Helmand valley. I recognise the danger that exists for every other Afghan army and air force unit, which were undoubtedly closely related to ISAF forces throughout the campaign. But, for them, none of the resettlement schemes from any of the ISAF countries or their partners allows them to come, because they are not set up for those who served in the wider Afghan forces. As a veteran of that conflict—someone who lived cheek by jowl with a kandak—I can tell him that it makes me sick, but that is the reality. To make them all eligible would be to give eligibility to hundreds of thousands of servicepeople, and five times that again to bring their dependants. That is simply not an endeavour that the UK can undertake.

I know from working with the Minister on Operation Pitting the passion that he brings to this work and the deep debt of gratitude he personally owes to those who fought alongside him. He will appreciate the House’s concern that we could see someone who fought alongside our forces forced from Pakistan back to Afghanistan. I take on board his point that the entirety of the special forces worked with the whole mission, and not just with the UK, so what discussions is he having with our allies about perhaps having a quota for moving people over? That is a clumsy way of putting it, but it is the best way I can summarise it. What work is he doing with Home Office resources to ensure that there is no backlog in ARAP places, and what is he doing with colleagues in the Department for Levelling Up, Housing and Communities to ensure that housing is available for those who need to be relocated from Pakistan?

My hon. Friend is right to ask whether it is possible for countries that have relocation schemes to club together to share the burden of any particular grouping. The difficulty is that, without the employment records, there is no way of knowing the entirety of those who served in that grouping. Thus, as I said previously, members of the Triples or other units—the National Directorate of Security, for example—tend to be granted category 4 because there is a member of the UK armed forces or UK intelligence community, or veterans, who can personally vouch for the role they played in the conflict. That will be the same for the Australians, the Canadians, the Americans, the Danes and whoever else. It would be impossible to say that an entire taskforce—CF333 or ATF444—could all come without knowing the totality of the employment record, because there would be simply no way to determine who did or did not serve with those units.

I thank the Minister for his statement. I have a constituent who was a member of the special forces in Afghanistan—I will not name him—and who approached me several months ago about his family stuck in Pakistan. The bureaucracy and disconnection between different parts of Government are astounding. Finally, we have relocated his family to the UK, but it was not an easy process. It took a long time for me to wade through the treacle of the various Government Departments. Who is in charge of that? We have just spent £200 million on the Rwanda resettlement scheme. Surely, putting some money and effort behind the scheme would solve the problem.

A number of policy decisions and realities around wider immigration in this country have meant that ARAP has moved at a variable pace. Ultimately, ARAP sits under the MOD and, thus, me. ACRS sits elsewhere. Since the Pakistanis made it clear that they would start to deport those without documents, we have been able to accelerate movement both from Afghanistan to Pakistan and from Pakistan to the UK. I regret that it comes on the back of a number of months of relatively little movement, but we are now moving with an urgency that I feel much more comfortable standing in the House and talking about.

I have just come off the phone to a friend who lived in the mountains and worked with the 333. He explained how the Foreign Office paid them through the Ministry of Interior Affairs, but he and his colleagues gave them cash to top up their payments—effectively to pay them special forces pay. He said that the MOD position is

“the most ludicrous argument I have heard in my life. If it was not so sad, it would be hilarious.”

The 444 worked with every single brigade in Helmand and was described as an indispensable part of Task Force Helmand, doing outreach and reconnaissance. Do the Government not need to take a slightly harder look at this?

The Government are looking at it very hard indeed. We consider every case on its individual merits. If an individual served in one of those taskforces or in the National Directorate of Security and is not entitled to come, but there is evidence that they worked closely with UK intelligence community, UK special forces or our embassy, we are making the case for them to come under category 4. As I could have said in response to many questions, where a colleague feels that they have the evidence needed to show direct connection between the individual and the UK, rather than simply their service within a unit, we will consider that evidence on the individual basis that we set out.

I was in Afghanistan at the very beginning with the Triples. It is particularly painful that, despite commitments and assurances from the UK Government, this cohort of Afghans and their families are left fearing for their lives. I listened carefully to what the Minister had to say, but I have seen credible evidence of an individual who served with the Triples and who was rejected for the ARAP scheme by the MOD. He was subsequently arrested by the Taliban, beaten and killed. Does the Minister know of any Triples who have died under similar circumstances? If he does, what more can be done to prevent the loss of life of the heroes we served alongside?

The House may think that I am speaking relatively plainly in response to these questions. Undoubtedly, a significant number of people who served in the Afghan national security forces, like the person the hon. Gentleman referred to, are in mortal danger as a consequence of having served in the Afghan army, air force or special forces. It is also a reality that no country has set up a relocation scheme that extends beyond those who worked directly for that country and that verifies the service of those people, unless directly alongside the UK special forces or UK intelligence communities. That is extraordinarily hard. I would like to sit down with the hon. Gentleman, who is a great champion of this cause, to talk through the case that he knows of. There is no point pretending that there are not many others. But there is also the reality of how hard it is to verify the service of those who just served in the unit rather than explicitly alongside UK personnel.

Given the contrast between the rhetoric and promises of resettlement, and the shambolic reality facing many Afghans who worked for us, with us or fought alongside our troops, as detailed by many Members across the House, what assessment has the Minister made of the likely impact of his apparent bad faith on the willingness of foreign nationals to offer us their assistance in future?

I push back on the idea that this is all some sort of failure. The reality is that we have moved out very nearly 14,000 people. We have continued to do so against incredible difficulties in Afghanistan and while needing to work very carefully alongside the Pakistan Government to meet their requirements, so I do not accept that initial characterisation. As for the hon. Lady’s wider question about what impact the scheme may have on our ability to work with partner forces and locally employed civilians in future, I would turn the question round the other way. My grave concern is that, while I think we are doing the right thing by those we served with and alongside in Afghanistan because of the circumstances of our departure from Afghanistan, if we set the precedent where every time our military works anywhere in the world those who work for us or alongside us in a partner force have an expectation of immigration rights in the UK, that will make it incredibly difficult to operate. That was not the question she asked, but I think the counterfactual is equally worth considering.

Earlier this year, the Minister said that the backlog for ARAP would be cleared by August, and earlier he said that he was getting to the bottom of the pile. Exactly how many applications are still outstanding?

I apologise to the House, Mr Deputy Speaker, if I said that we would do it by August and we have not. I own my words and thank the right hon. Lady for pointing out that I have not achieved that. My knowledge is that there are less than a few hundred eligible applications that we need to find. There are around 2,000 people in Afghanistan who we need to move out and around 1,800 left in Pakistan who we need to bring in. In all, I would expect another 4,000 to 4,500 arrivals. We are aiming to that get done as quickly as possible, because the Pakistan Government are keen that we do so without delay. We are working with them to achieve that.

I am grateful to the Minister for explaining what engagement he has had with representatives of Pakistan’s Government in Islamabad. Does the assurance he received from Islamabad in relation to personnel who will not now be deported to Afghanistan extend to their families?

Yes, absolutely. For those who are in Pakistan with an acceptance or eligibility, we have been working with the Pakistan authorities through our high commission in Islamabad to make sure that the Afghan principal and their family are protected from the work the Pakistan immigration service has under way. If the hon. Gentleman, or indeed other Members shaking their heads knowingly know otherwise, I would be grateful for the names of the people they are concerned about and I will make sure that is discussed with the Pakistan high commission without delay.

The Minister said that he was processing the people who have been accepted for ARAP to come to the UK from Pakistan at a pace. Since the hotels they were staying in were closed down, including in my constituency, how many who are eligible and have been given the paperwork have actually come to the UK? Secondly, where somebody believes they have been wrongly denied ARAP, will he undertake to look at cases where there is very clear evidence that a decision may have been made wrongly?

In the last couple of weeks, I think—off the top of my head—about seven flights, so about 1,700 people, have come to the UK. In December, we will move significantly more than in any month since August 2021, when Operation Pitting happened. Those moves are a combination of ARAP and ACRS. The reason we are able to move them at such pace is that we have mobilised quite a significant amount of the MOD training estate to act as transitional accommodation. We are trying to move people through as quickly as possible into service family accommodation which we have made available. We are hugely grateful to local authorities all over the country for how closely they are working with us to deliver that.

While no one doubts that this is a complex situation, the cases that we are bringing up reflect how it has been managed, and I think that that is what presents the challenge. I have two separate constituents who were under the direct supervision of UK forces; indeed, the UK paid for them to be trained, so there should be a record in the UK that they were working for the Afghan forces. The Minister said himself that he felt sick about people who would have worked alongside colleagues who may now be at risk of harm as a result of being deported back from Pakistan to Afghanistan. Will he meet those of us who have constituency cases that we believe should meet his threshold for an intervention so that we can establish whether anyone has been missed out, and ensure that we do not miss out people who served with our colleagues for want of a piece of paper?

Of course I would like to meet the hon. Lady to discuss those cases. Given the way she described them, my instinct suggests that these may have been people who served in units that were mentored or partnered by the UK armed forces; indeed, my own battalion, on the tour on which it went shortly after I left, did exactly that with the kandaks who were based in Helmand at the time. That does not quite constitute what ARAP was set up to do, but I would love to sit down with the hon. Lady to talk through the details of the cases. If I am right and she is wrong, I should like to explain, and if she is right and I am wrong, we will of course look at the eligibility of those people.

I do not have the number, and I am not sure how I would obtain it, but I will inquire within the Department whether I can. If I can, I will write to the hon. Gentleman, and if I cannot, I will write to him to say that I cannot.

To those of us who have served, the term that the hon. Gentleman used in the first part of his question has a particular meaning. I suspect that he meant it in that way, but that is not what has happened here. The offer that the UK has made in comparison with that of every other country, given our size and the size of our military commitment, is one of the most, if not the most, generous. We have worked incredibly hard to bring people out in very difficult circumstances, and it breaks the heart of all those who had anything to do with operations in Afghanistan—on the military side, in the intelligence community or in a diplomatic context—not to be able to bring everyone here, but that is simply an unrealistic aim. ARAP was set up to be what it is, likewise the ACRS, and the hon. Gentleman, while disappointed in the Government’s policy, will need to accept from me that we are working as hard as we can to bring both those schemes to a resolution as quickly as we can.

I thank the Minister for the helpful clarity that he has provided today, in particular on the eligibility of members of Afghan special forces for the ARAP scheme. That having been said, however, I would suggest that whether, and wherever, people are fighting alongside UK or other NATO troops in Afghanistan, they are still fighting the Taliban. They are still causing them attrition and losses and pressure, on whichever front that might be. I should have thought, at the very least, that under the ACRS, members of special forces have assisted in standing up for values such as free speech, women’s rights and the rule of law. Given that they have done that, would not discretion be the better part of valour, especially when we are speaking about people who potentially fought with great valour? The Minister has talked about getting to the bottom of the list. That is great, but it is not the target; the target is to get everyone we possibly can back to safety in the UK and free from the clutches of the Taliban. Is that still the Minister’s position?

I think I have answered that question, in different forms, over the past half-hour. It is the case, sadly, that not everyone who served alongside the British forces within an Afghan unit will be eligible. It is also impossible, I think, to verify the service of those who did not serve directly alongside the British armed forces, in circumstances in which there is someone within the British system who can vouch for the closeness of that service.

The sad reality is that there are tens of thousands of desperate people in Afghanistan who are wrongly applying to the ARAP scheme out of desperation—the same is happening with the ACRS—and showing evidence that is not real. We have done our absolute best over the last two years to find the people we are looking for and to verify the service of those who are not on employment lists. Our efforts in those regards across the UK special forces intelligence community and the military have been extensive, but it would be impossible to just say that everyone who had served in one unit could come, because we would have no way of knowing who had and who had not.

I thank the Minister for responding to urgent question. We are now going to move on to the presentation of Bills, which should at least shorten our winter because we have a number of them. In order to save time and get on with today’s main business, for Members presenting more than one consecutive Bill, I will accept private notice of the Second Reading dates for those Bills. Those dates will be minuted accordingly in Hansard and in the Votes and Proceedings. Members presenting individual Bills will name the date for Second Reading as usual.