Afghan drug addict is granted asylum in the UK - after winning human rights claim as a judge rules he would face persecution by the Taliban

Daily Mail​

29-04-2025

An Afghan drug addict has won his asylum bid to stay on British shores after a judge ruled he would face persecution by the Taliban.
The unnamed man, who left the country when he was nine, won his human rights claim because his dependence on substances made him too 'westernised'.
The judge ruled he would be at risk of persecution due to his drug issues being perceived as 'non-Muslim', which would go against societal norms.
This is despite evidence that Afghanistan is the world's leading producer of opium, with 10 per cent of the population being addicts.
If the 'vulnerable' asylum seeker were to return to the country, he would be forced to go 'cold turkey' without access to methadone, which would impact his mental health, the judge added.
She granted him asylum, further ruling his history of drug addiction meant he would ultimately be at risk of 'inhuman and degrading' treatment if he were to return.
The man, who is thought to be 39 years old, first applied for asylum in 2010 but originally claimed to be from Iran, the Upper Tier Tribunal (UTT) of the Immigration and Asylum Chamber heard.
He did so because if he were to be deported, it would it would be safer for him to return to Iran rather than his home country, the tribunal was told.
The judge was told he was a 'vulnerable' individual who suffered both mental health issues and had a long-term drug addiction.
It was also heard he has lived a 'transient lifestyle' while in the UK and has 'difficult' relationships with his family members.
As well as this, the asylum seeker's representatives said due to his issues, he would likely be perceived as 'westernised' in Afghanistan.
Official guidance read by the judges said that people perceived to be westernised may be seen as 'non-Afghani' or 'non-Muslim'.
This could also 'overlap with transgressing societal norms', according to the official advice.
An asylum seeker's 'mode of dress and history of drug addiction should be considered within this context', the guidance added.
His lawyers argued he has been outside the country for many years and has transgressed moral and religious codes - meaning he would be seen as non-Muslim.
It was contended that the man would be subjected to a lack of health care support if returned to his native country.
They also further noted that Afghanistan remains one of the world's 'worst humanitarian crises and economic challenges'.
Ruling the unnamed man as an Afghan not Iranian, Deputy Upper Tribunal Judge Rebecca Chapman said he 'fear[ed]' returning to the country having been absent from Afghanistan for three decades.
She referred to his statement, in which he said he was 'not a very religious person' and does not fast or pray regularly.
It was heard the man, who has been diagnosed with both PTSD and depression, 'actively opposes the views of the Taliban'.
The man, who is thought to be 39 years old, first applied for asylum in 2010 but originally claimed to be from Iran as it would be safer for him to be deported there rather than his home country, the tribunal was told
Referring to evidence on how the militant group treat drug addicts, she said thousands were 'rounded up, beaten and imprisoned' whilst also being forced 'to go cold turkey without access to methadone or counselling'.
The judgement also referred to an Al Jazeera report, which said that the 'physical abuse and imprisonment' of drug addicts by the terrorist organisation is 'systemic and indiscriminate'.
It was heard that since the Taliban takeover in 2021, many of the drug treatment centres in the country have been closed down.
The tribunal also said the country is the world's leading producer of opium, with approximately 10 per cent of the population being addicts.
Ruling the man could remain in the UK, the judge said: 'I find there is a reasonable likelihood that the [asylum seeker] would be unable to access treatment for his drug addiction and that there is a reasonable likelihood that he could be imprisoned and forced to go cold turkey which would inevitably result in a deterioration in his mental health and amount to inhuman and degrading treatment contrary to article 3 of ECHR.
'Given the [asylum seeker's] attitude towards the Taliban, lack of strict adherence to Islam, his mode of dress, history of drug addiction and 30 year absence from the country, I find in light of the background evidence that [he] would be at risk of harm if returned to Afghanistan.
'I find that there is a reasonable likelihood that the [asylum seeker] would be subjected to persecution by the Taliban on account of his individual characteristics which would place him within a particular social group.'