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Background
Following the withdrawal of Western forces from Afghanistan, the Taliban have taken control of the country. Afghanistan has long been one of the largest countries of origin for asylum-seekers in the UK. However, refugees have faced significant obstacles to obtaining adequate protection. Until just days ago, the UK Government has long classified Kabul as a safe destination for asylum-seekers to return, including those from the LGBTQI+ community, who have been urged to protect themselves by remaining “discreet” about their identity.
Case law dating back to 2007 establishes the principle that returning asylum-seekers to Taliban-controlled areas would breach our obligations under the Refugee Convention. Taliban forces now have control over the whole country, including Kabul.
The Nationality and Borders Bill that is currently before Parliament proposes a two-tier approach to refugee protection that would discriminate between people seeking …