From evaluative assessment to question of fact: policy definitions and material fact review – Administrative Court Blog
‘The High Court (Saini J) has held that the question of what the UK’s historical “national security objectives” for the purpose of the Afghan Relocation and Assistance Policy (“ARAP”) is a question of fact giving rise to a “single right answer”, on which the executive’s evaluation is susceptible to error of fact review. This judgment was made against the backdrop of the Defence Secretary’s submission (effectively maintained, although subject to review, in its Withdrawal Note to the Court: [85]) that advancing an effective justice system and the rule of law in Afghanistan were not part of the UK’s national security objectives in Afghanistan.’
Administrative Court Blog, 13th March 2026

