The unnamed man won his appeal after Judge Helena Suffield-Thompson delivered a ruling based on guidance relating to the wrong Middle Easter state.
She was meant to be assessing potential risks if the migrant was deported back to Iraq. He’d made posts against the Iraqi govern-ment on his public Facebook page and said he would be subject to persecution on his return.
Suffield-Thompson found in his favour, noting the "sophisticated" capability of the authorities to monitor social media accounts of political opponents.
But a more senior tribunal has now ruled she “erred in law” as the “risks” were based on an assessment of Iran, not Iraq, which carries out no such surveil lance. The new hearing was ordered by the Home Secretary and means the entire asylum case will have to start again.
Judge Lucy Murray, for the Immigration and Asylum Cham-ber of the Upper Tribunal - sitting at Cardiff Civil Justice Centre – ruled the case should be remitted back to a first-tier tribunal.
Corrupt
She had been told the Iraqi had his first asylum appeal dismissed in 2019 then his next appeal was in July 2022 at a first-tier tribunal led by Judge Suffield-Thompson.
The migrant told her “he was at risk from the Kurdish leadership as he had exposed their corrupt practices and behaviour”.
He also claimed “he cam paigned against the Kurdish lead...
She was meant to be assessing potential risks if the migrant was deported back to Iraq. He’d made posts against the Iraqi govern-ment on his public Facebook page and said he would be subject to persecution on his return.
Suffield-Thompson found in his favour, noting the "sophisticated" capability of the authorities to monitor social media accounts of political opponents.
But a more senior tribunal has now ruled she “erred in law” as the “risks” were based on an assessment of Iran, not Iraq, which carries out no such surveil lance. The new hearing was ordered by the Home Secretary and means the entire asylum case will have to start again.
Judge Lucy Murray, for the Immigration and Asylum Cham-ber of the Upper Tribunal - sitting at Cardiff Civil Justice Centre – ruled the case should be remitted back to a first-tier tribunal.
Corrupt
She had been told the Iraqi had his first asylum appeal dismissed in 2019 then his next appeal was in July 2022 at a first-tier tribunal led by Judge Suffield-Thompson.
The migrant told her “he was at risk from the Kurdish leadership as he had exposed their corrupt practices and behaviour”.
He also claimed “he cam paigned against the Kurdish lead...
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Daily Express (Digital) - 1 Issue, March 21, 2025