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A Taliban commander’s nephew granted refugee status in Britain can be joined by seven family members currently living in Turkey, an immigration judge has ruled.
None of them speak English, and a tribunal accepted they would place 'a significant burden upon the public purse' if they were allowed to move to the UK.
But the relatives - the man's parents, three sisters, a niece and nephew - have 'no options' and are unable to return to Afghanistan, a judgement said.
It is the latest controversial ruling by Britain's asylum courts and comes as ministers promise to restrict the rights of refugees to be joined by relatives.
The nephew, referred to only as 'S' in the ruling, arrived in Britain in 2016. He claimed to be 15 years old but was later age-assessed as 18.
His uncle was said to be a Taliban commander who had been pressuring his father to allow 'S' to 'join the jihad'.
'S' was sent to Kabul by his father to get away from his uncle.
But 'S' was stabbed by two cousins because of the family dispute and he eventually fled Afghanistan, the tribunal heard.
An Afghan man granted asylum in the UK after fleeing his Taliban commander uncle who wanted him to 'join the jihad' can be joined by seven relatives, a judge has ruled (file picture)
In 2018 an immigration judge allowed him indefinite leave to remain in the UK after a psychotherapist said he had post-traumatic stress.
Meanwhile 'S’s' parents and sisters had all fled through Iran to Turkey where they feared being arrested and sent back to Afghanistan.
In 2023 his relatives applied to enter the UK citing the 'right to private and family life' under Article 8 of the European Convention on Human Rights, but were refused.
However Upper Tribunal judge Gaenor Bruce has now decided the refusal of entry clearance to Britain was 'unjustifiably harsh' and allowed the appeals on human rights grounds.
A lawyer for the family had argued that the sisters were all being threatened with forced marriage if they had stayed in Afghanistan, while 'S's' father 'faced retribution from his brother'.
One sister had married an Afghan man in Turkey - father to her two children - but they split up after he beat her with an iron bar, and was later deported.
She and another sister have been working illegally in Turkey washing dishes to support their housebound parents - both of whom are diabetic, with the father suffering undiagnosed seizures.
An expert claimed 'S' was constantly 're-triggered' by his worry for his family, although he’d been able to visit Turkey twice to see them.
The refugee's relatives are not safe in Turkey due to the risk of 'violent summary returns' to Afghanistan, 'torture' and 'ill-treatment', Upper Tribunal judge Gaenor Bruce concluded (file picture)
He wanted to train as an electrician but was unable to do so due to his mental distress.
In addition the tribunal was told that Afghans in Turkey are not recognised as refugees and are at risk of 'violent summary returns', 'torture' and 'ill-treatment'.
Backing their appeal, the judge said: 'The relationship between S’s mental health and his contact with his family is at the heart of this claim.
'Only by being reunited with them will he be able to recover and live a meaningful existence.'
In addition, it was unlikely that as asylum-seekers 'the family would be able to look to any other European country to facilitate family reunion', she added.
The judge praised the relatives' case as being 'conspicuously well-prepared' and said 'S's' medical expert had been 'impressive'.
She accepted that allowing the family members to settle in the UK 'would place a significant burden upon the public purse'.
'S is presently unable to work and is reliant on public funds.
'It is not only likely, but inevitable, that this too will be the position of his family members once they arrive.'
But she concluded that was outweighed by 'S's' desire to be reunited with his relatives and the 'precarious' situation of the other family members.
Earlier this month the Government announced it was temporarily suspending new applications for a scheme allowing refugees to bring their family members to the UK in a bid to address concerns over Channel migrants.
The Home Office is understood to be seeking permission to lodge an appeal against the judgement.
A spokesman said: 'We have recently moved to suspend the refugee family reunion route, acknowledging the pressures it is putting on local authorities and public services.'
None of them speak English, and a tribunal accepted they would place 'a significant burden upon the public purse' if they were allowed to move to the UK.
But the relatives - the man's parents, three sisters, a niece and nephew - have 'no options' and are unable to return to Afghanistan, a judgement said.
It is the latest controversial ruling by Britain's asylum courts and comes as ministers promise to restrict the rights of refugees to be joined by relatives.
The nephew, referred to only as 'S' in the ruling, arrived in Britain in 2016. He claimed to be 15 years old but was later age-assessed as 18.
His uncle was said to be a Taliban commander who had been pressuring his father to allow 'S' to 'join the jihad'.
'S' was sent to Kabul by his father to get away from his uncle.
But 'S' was stabbed by two cousins because of the family dispute and he eventually fled Afghanistan, the tribunal heard.
An Afghan man granted asylum in the UK after fleeing his Taliban commander uncle who wanted him to 'join the jihad' can be joined by seven relatives, a judge has ruled (file picture)
In 2018 an immigration judge allowed him indefinite leave to remain in the UK after a psychotherapist said he had post-traumatic stress.
Meanwhile 'S’s' parents and sisters had all fled through Iran to Turkey where they feared being arrested and sent back to Afghanistan.
In 2023 his relatives applied to enter the UK citing the 'right to private and family life' under Article 8 of the European Convention on Human Rights, but were refused.
However Upper Tribunal judge Gaenor Bruce has now decided the refusal of entry clearance to Britain was 'unjustifiably harsh' and allowed the appeals on human rights grounds.
A lawyer for the family had argued that the sisters were all being threatened with forced marriage if they had stayed in Afghanistan, while 'S's' father 'faced retribution from his brother'.
One sister had married an Afghan man in Turkey - father to her two children - but they split up after he beat her with an iron bar, and was later deported.
She and another sister have been working illegally in Turkey washing dishes to support their housebound parents - both of whom are diabetic, with the father suffering undiagnosed seizures.
An expert claimed 'S' was constantly 're-triggered' by his worry for his family, although he’d been able to visit Turkey twice to see them.
The refugee's relatives are not safe in Turkey due to the risk of 'violent summary returns' to Afghanistan, 'torture' and 'ill-treatment', Upper Tribunal judge Gaenor Bruce concluded (file picture)
He wanted to train as an electrician but was unable to do so due to his mental distress.
In addition the tribunal was told that Afghans in Turkey are not recognised as refugees and are at risk of 'violent summary returns', 'torture' and 'ill-treatment'.
Backing their appeal, the judge said: 'The relationship between S’s mental health and his contact with his family is at the heart of this claim.
'Only by being reunited with them will he be able to recover and live a meaningful existence.'
In addition, it was unlikely that as asylum-seekers 'the family would be able to look to any other European country to facilitate family reunion', she added.
The judge praised the relatives' case as being 'conspicuously well-prepared' and said 'S's' medical expert had been 'impressive'.
She accepted that allowing the family members to settle in the UK 'would place a significant burden upon the public purse'.
'S is presently unable to work and is reliant on public funds.
'It is not only likely, but inevitable, that this too will be the position of his family members once they arrive.'
But she concluded that was outweighed by 'S's' desire to be reunited with his relatives and the 'precarious' situation of the other family members.
Earlier this month the Government announced it was temporarily suspending new applications for a scheme allowing refugees to bring their family members to the UK in a bid to address concerns over Channel migrants.
The Home Office is understood to be seeking permission to lodge an appeal against the judgement.
A spokesman said: 'We have recently moved to suspend the refugee family reunion route, acknowledging the pressures it is putting on local authorities and public services.'
