Judge granted asylum seeker UK refuge after confusing Iraq with Iran
Judge Helena Suffield-Thompson handed down a ruling based on guidelines relevant to the incorrect Middle Eastern state
An asylum seeker has been allowed to remain in Britain after a judge confused the country he fled from, Iraq, with Iran.
Judge Helena Suffield-Thompson's assessment, which was based on guidelines relevant to the incorrect Middle Eastern state, meant the man’s appeal was successful.
The man, whose identity was withheld in the published decision, was claiming asylum because he said he made anti-government comments on social media and was therefore at risk of prosecution if he returned to Iraq.
Judge Suffield-Thompson, who was sitting in the lower tier of the immigration and asylum tribunal, evaluated the man’s potential risk of prosecution before handing down a ruling based on guidance relating to the wrong country.
The judge ruled based on the laws of Iran, which she noted has a “sophisticated” capability to monitor the social media of political opponents. Iraq, on the other hand, does not carry out such surveillance.
A new tribunal has found that Judge Suffield-Thompson “erred in law”. This means the man’s asylum case will be heard again with a new tribunal hearing.
The 27 July 2022 hearing before Judge Suffield-Thompson came after the man’s previous asylum appeal was dismissed on 6 January 2019, prompting him to make a further submission.
The Iraqi man claimed that he was “at risk from the Kurdish leadership as he had exposed their corrupt practices and behaviour”.
He also claimed that he campaigned against the Kurdish leadership in the UK, which meant he would be at risk of persecution on return as a result.
The home secretary's lawyers, however, filed an appeal after the ruling permitting him to remain, claiming that the appeal judge had "materially erred by relying on the factual findings of country guidance decisions that did not relate to the country situation in Iraq and instead either related to Turkey or Iran."
It was "clear on both case law and objective background information that the Iraqi authorities have developed various sophisticated means to keep check on the activities of demonstrators, Facebook users, and bloggers abroad," according to Judge Suffield-Thompson's ruling, the appeal tribunal noted.
She continued that "a biometric system which I find will be readily available to identify the [asylum seeker] on return" was in place in Iraq. These statements are true in Iran, rather than Iraq.