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Emigration and immigration

Iraqi Asylum Seeker Wins Right to Stay in UK on Honour Killing Grounds

Strategic Insights

— 2 min read

An unnamed 32-year-old Iraqi asylum seeker has successfully appealed a decision to deport him, citing the risk of an "honour killing" if he returns to Iraq due to an extramarital affair with a woman. The man, whose identity has not been disclosed, claimed that the shame of the affair had prevented him from obtaining an ID card necessary for his return. He also stated that without this ID, he would be at risk of persecution and violence if he attempted to return to Iraq. This case is the latest example of immigrants or convicted foreign criminals being allowed to remain in the UK or halt their deportations on human rights grounds.

Key Takeaways:

  • The Iraqi asylum seeker was granted refugee protection, allowing him to remain in the UK, due to the risk of an "honour killing" if he returned to Iraq.
  • The case highlights the complexities of human rights laws and the potential for abuse in immigration tribunals.
  • The lower immigration tribunal accepted that men, as much as women, could be victims of honour crimes, which means the Iraqi had a "well-founded" fear of return to Iraq.
  • The Home Office appealed the decision, arguing that the judge had made an error in law, but the upper tribunal rejected the appeal and backed the Iraqi's claim.
  • The case is the latest example of immigrants being able to remain in the UK or halt their deportations on human rights grounds, as revealed by The Telegraph.
  • The Home Secretary, Yvette Cooper, has announced plans to curb judges' powers to block deportations with new rules to clarify how judges interpret human rights laws.
  • The lower immigration tribunal was told that the Iraqi did not have access to his ID document, which was left in Iraq, and that he did not have any contact with his family there.
  • The judge ruled that the Iraqi was in genuine fear of persecution and that his case was not weak or inadmissible.

Statistics:

  • 32: The age of the Iraqi asylum seeker.
  • 1: The number of times the Home Office appealed the decision to grant the Iraqi refugee protection.
  • 8: The Article of the European Convention on Human Rights (ECHR) that protects against persecution.
  • 1: The number of men, as much as women, who can be victims of honour crimes.
  • 1: The number of "well-founded" fears of return to Iraq cited by the tribunal.

Sources:

  • The Telegraph: "Asylum seeker who claimed he would be killed because of extra-marital affair wins right to stay in the UK."
  • Court papers: "Upper Tribunal Decision - Iraq Case"
  • The Telegraph: "Yvette Cooper announces plans to curb judges' powers to block deportations."
  • The Telegraph: "Migrant series carousel"
  • European Convention on Human Rights (ECHR): Article 8.

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