R (on the application of Hottak and another) v Secretary of State for Foreign and Commonwealth Affairs and another [2016] EWCA Civ 438, [2016] All ER (D) 67 (May)
The Court of Appeal dismissed the claimants’ appeal against the rejection of their judicial review challenge of the government’s scheme to provide assistance to Afghan locally employed staff who had been employed during the military engagement in Afghanistan. The Divisional Court had been correct to find that the court had no jurisdiction to entertain the claims of discrimination on grounds of nationality under Pts 3 and 5 of the Equality Act 2010 and to have rejected the discrimination claim brought under the common law. The grant of declaratory relief rather than quashing the scheme had been an exercise of the court’s discretion that could not be faulted.
