Latest news with #Lodato
Daily Mail
28-04-2025
- Politics
- Daily Mail
Iranian asylum seeker who argued he can't be deported because he's a 'sex toy smuggler' wins fight to stay in Britain
An Iranian asylum seeker who said he can't be deported because of his X-rated job as a 'sex toy smuggler' has been allowed to remain in Britain. The asylum seeker who applied for refugee status in the UK claimed that Iranian authorities looked on him 'adversely' for ferrying boxes of vibrators and other adult devices across the border. Under Sharia law, which is implemented by the Iranian government, sex toys are illegal, there is also a travel ban on bringing adult devices into the country. But the 'elaborate' argument made by the Iranian man, who has not been named, was dismissed by the British Asylum court. Instead, he was allowed to stay because he protested against the Iranian regime in London. The man, who came to the UK around four years ago, initially took the case to the First-tier Tribunal where he said he has come to the 'adverse attention of the Iranian authorities as a smuggler of sex toys'. But it was heard that the tribunal did not buy all of his story as he had given 'inconsistent evidence about the number of boxes he smuggled'. The First-tier Tribuna (FTT)l found that the Iranian's political expressions at demonstrations and subsequent anti-Iran posts on Facebook were not genuine and were a ruse to help him secure refugee status. However, the Upper Tribunal of the Immigration and Asylum Chamber found the FTT made a mistake. Upper Tribunal Judge Paul Lodato said the man attended nine demonstrations outside the Iranian Embassy in London. Judge Lodato found that the Iranian would face 'real risk of persecution' in his home country and the man won his appeal on 'refugee convention' grounds. He said: 'While it would be difficult to disagree with the FTT judge's findings that he could not be described as a central or prominent figure among these crowds, what this pattern of conduct does tend to show is that he has been committed to protesting against the Iranian regime over a period of almost four years since soon after he arrived in the UK. 'The [Home Office] argued that the fact that the [Iranian] began to engage in political activity so soon after he arrived tends to align with a fabricated claim which was being bolstered by false... activity. 'When looking at this pattern of behaviour through the lens of the standard of a reasonable degree of likelihood, it strikes me as far more likely that the [Iranian] has conducted himself in this way as soon as he was free to do so, and has continued to do so, because he was motivated by a genuine sense of political grievance. 'It can be seen that he has been posting anti-regime and pro-Kurdish rhetoric on a regular basis since October 2021. 'I have carefully considered the timing of his posts to assess whether his political opinions betrayed the mechanical and routine postings which might be expected of a metronomic and cynical excise designed to bolster a false asylum claim. 'I could discern no such patterns. Instead, the frequency resonated with a more natural engagement with political social media of this nature.'
Yahoo
28-04-2025
- Politics
- Yahoo
Iranian ‘sex toy smuggler' wins right to remain in Britain
An Iranian asylum seeker who argued he could not be deported because he was a 'sex toy smuggler' has won his legal battle to remain in Britain. The unnamed man applied for refugee status in the UK, claiming that the authorities in his home country looked on his illicit business activities adversely. He claimed he smuggled boxes of vibrators and other adult devices across the border. Under Islamic law, sex toys are illegal and there is a ban on bringing them into Iran. The Iranian man's 'elaborate' argument was dismissed by a lower-tier immigration tribunal, which said he gave 'inconsistent' and 'implausible' evidence to support it. However, he successfully appealed the decision in an upper-tier immigration tribunal after claiming asylum on different grounds. He argued that he would face persecution if returned to Iran on the basis of his campaigning against the Tehran regime at protests in London and on Facebook. The upper tribunal backed his asylum claim on the basis that he would face persecution if returned to Iran, which would breach his human rights under the Refugee Convention. The case, disclosed in court papers, is the latest example exposed by The Telegraph where illegal migrants or convicted foreign criminals have used human rights laws 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. As part of his bid for refugee status, the Iranian, who was granted anonymity, took his case to the first-tier tribunal where he said he had come to the 'adverse attention of the Iranian authorities as a smuggler of sex toys.' But the tribunal did not accept his account, saying he gave 'inconsistent evidence about the number of boxes he smuggled'. 'The circumstances in which it was claimed that the authorities had identified him from material he had left behind were found to be implausible,' say the court papers. The first-tier tribunal also dismissed his claims that he would face persecution because of his protests against the Tehran regime. It found that his political expressions at demonstrations and subsequent anti-Iran posts on Facebook were not genuine and were a ruse to help him secure refugee status. However, the Iranian appealed his case at the Upper Tribunal, which found that the first-tier tribunal made a mistake in its findings about his protests. Upper Tribunal Judge Paul Lodato said: 'My starting point must be that I should approach the [Iranian's] evidence with a degree of caution because he is a man who has been found to have contrived an elaborate and false narrative about the events he claims caused him to flee Iran.' Turning to the protests, Judge Lodato said the man attended nine demonstrations outside the Iranian Embassy in London with photographic evidence confirming his presence. Although not a 'central or prominent' protester, it showed he had been committed to demonstrations over almost four years. The Home Office argued that the fact he began to engage in political activity so soon after his arrival in the UK indicated it was a fabricated claim 'bolstered by false activity.' Judge Lodato said: 'I have examined [the Iranian man's Facebook with care. It reveals a consistent and committed outpouring of political opinion over a considerable period. 'It can be seen that he has been posting anti-regime and pro-Kurdish rhetoric on a regular basis since October 2021. 'I have carefully considered the timing of his posts to assess whether his political opinions betrayed the mechanical and routine postings which might be expected of a metronomic and cynical excise designed to bolster a false asylum claim. 'I could discern no such patterns. Instead, the frequency resonated with a more natural engagement with political social media of this nature.' The judge found that the Iranian would face 'real risk of persecution' and the man won his appeal on refugee convention grounds. Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
Telegraph
28-04-2025
- Politics
- Telegraph
Iranian ‘sex toy smuggler' wins right to remain in Britain
An Iranian asylum seeker who argued he could not be deported because he was a 'sex toy smuggler' has won his legal battle to remain in Britain. The unnamed man applied for refugee status in the UK, claiming that the authorities in his home country looked on his illicit business activities adversely. He claimed he smuggled boxes of vibrators and other adult devices across the border. Under Islamic law, sex toys are illegal and there is a ban on bringing them into Iran. The Iranian man's 'elaborate' argument was dismissed by a lower-tier immigration tribunal, which said he gave 'inconsistent' and 'implausible' evidence to support it. However, he successfully appealed the decision in an upper-tier immigration tribunal after claiming asylum on different grounds. He argued that he would face persecution if returned to Iran on the basis of his campaigning against the Tehran regime at protests in London and on Facebook. The upper tribunal backed his asylum claim on the basis that he would face persecution if returned to Iran, which would breach his human rights under the Refugee Convention. The case, disclosed in court papers, is the latest example exposed by The Telegraph where illegal migrants or convicted foreign criminals have used human rights laws 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. As part of his bid for refugee status, the Iranian, who was granted anonymity, took his case to the first-tier tribunal where he said he had come to the 'adverse attention of the Iranian authorities as a smuggler of sex toys.' But the tribunal did not accept his account, saying he gave 'inconsistent evidence about the number of boxes he smuggled'. 'The circumstances in which it was claimed that the authorities had identified him from material he had left behind were found to be implausible,' say the court papers. The first-tier tribunal also dismissed his claims that he would face persecution because of his protests against the Tehran regime. It found that his political expressions at demonstrations and subsequent anti-Iran posts on Facebook were not genuine and were a ruse to help him secure refugee status. However, the Iranian appealed his case at the Upper Tribunal, which found that the first-tier tribunal made a mistake in its findings about his protests. Upper Tribunal Judge Paul Lodato said: 'My starting point must be that I should approach the [Iranian's] evidence with a degree of caution because he is a man who has been found to have contrived an elaborate and false narrative about the events he claims caused him to flee Iran.' Turning to the protests, Judge Lodato said the man attended nine demonstrations outside the Iranian Embassy in London with photographic evidence confirming his presence. Although not a 'central or prominent' protester, it showed he had been committed to demonstrations over almost four years. The Home Office argued that the fact he began to engage in political activity so soon after his arrival in the UK indicated it was a fabricated claim 'bolstered by false activity.' Judge Lodato said: 'I have examined [the Iranian man's Facebook with care. It reveals a consistent and committed outpouring of political opinion over a considerable period. 'It can be seen that he has been posting anti-regime and pro-Kurdish rhetoric on a regular basis since October 2021. 'I have carefully considered the timing of his posts to assess whether his political opinions betrayed the mechanical and routine postings which might be expected of a metronomic and cynical excise designed to bolster a false asylum claim. 'I could discern no such patterns. Instead, the frequency resonated with a more natural engagement with political social media of this nature.' The judge found that the Iranian would face 'real risk of persecution' and the man won his appeal on refugee convention grounds.
