Latest news with #HelenaSuffield-Thompson
The Independent
21-03-2025
- Politics
- The Independent
Judge granted asylum seeker UK refuge after confusing Iraq with Iran
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.
Telegraph
20-03-2025
- Politics
- Telegraph
Asylum seeker allowed to stay in Britain after judge confused Iraq with Iran
An Iraqi asylum seeker was allowed to stay in Britain after an immigration judge confused his home country with Iran. The unnamed man won his case after Judge Helena Suffield-Thompson delivered a ruling based on guidance that related to the wrong Middle Eastern state. She assessed that he would be at risk of persecution because of anti-Iraq government posts on his public Facebook account that would be subject to surveillance. However, Judge Suffield-Thompson had based the ruling on Iran, which has a 'sophisticated' capability to monitor the social media accounts of political opponents, rather than Iraq, which carries out no such surveillance. A new tribunal has since found that Judge Suffield-Thompson 'erred in law' as the apparent 'risks' to the asylum seeker were based on an assessment of Iran instead of Iraq – which carries out no such surveillance. New tribunal hearing The asylum case will now have to start again with a new tribunal hearing it due to the blunder. The case, disclosed in court papers, is the latest example exposed by the Telegraph where migrants or convicted foreign criminals have won the right to remain in the UK or halt their deportations. There are a record 41,987 outstanding immigration appeals, largely on human rights grounds, which threaten to hamper Labour's efforts to fast-track removal of illegal migrants. The backlog has risen by nearly a quarter since September and is up nearly 500 per cent from just 7,173 at the start of 2022. In an initial asylum appeal in July 2022, Judge Suffield-Thompson ruled in the unnamed Iraqi's favour after he argued 'he was at risk from the Kurdish leadership as he had exposed their corrupt practices and behaviour'. The asylum seeker claimed 'he campaigned against the Kurdish leadership in the UK' and was involved in 'activities' in Britain and 'expressed his views on Facebook such that he would be at risk of persecution on return as a result.' Judge had 'materially erred' But following the July 2022 decision to allow him to stay, the Home Office launched an appeal, asserting the 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 added: 'It is contended therefore that the appeal has been allowed on an erroneous basis.' Judge Suffield-Thompson in July 2022 had claimed, wrongly, that the Iraqi authorities had developed 'sophisticated' means to keep check on the activities of demonstrators, Facebook users and bloggers abroad. 'The [Iraqi's] Facebook posts are public so he will be readily identified as the person making those anti-government posts. He will also have to disclose that he has been living in the UK. He is not expected to lie about his political views and beliefs due to fear of persecution,' the tribunal was told. However, the upper immigration tribunal found there was no evidence that Iraqi authorities monitor the social media pages of anti-Iraq protestors, unlike Iran. Judge Lucy Murray said: 'It is unclear whether [Judge Suffield-Thompson] mistakenly thought that [Iranian case law] was in fact Iraqi country guidance case law. The case reference is incorrectly cited by her ... and omits the word 'Iran'. 'In the circumstances, I conclude that [Judge Suffield-Thompson's] assessment of the risk on return to the [Iraqi] due to his sur place activities was based on country guidance that did not relate to Iraq.'
