
Tom Swarbrick 4pm - 6pm
20 May 2025, 19:56
An Iraqi-Kurdish migrant has avoided deportation after a legal battle, despite telling officials he needed to "make up a reason" for seeking asylum.
The 32-year-old man, who judges have granted anonymity, illegally entered Britain on the back of a lorry in 2016.
He said he lost his Iraqi ID card and warned that sending him back to his home nation would violate his human rights.
Asked in a screening interview why he should be granted asylum, he replied: "I don't have a real reason to be here, give me some time and I will make up a reason."
A senior immigration judge rejected his asylum claim, but has decided not to order his deportation on the humanitarian protection grounds after "undisputed" evidence revealed he was subjected to ill treatment in his home country.
Deputy Upper Tribunal Judge Paul Lewis said in his ruling: "Absent good reason, we do draw adverse inferences against the appellant for his failure to give evidence on key matters in his appeal, other than in connection with the circumstances of his physical injuries."
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During the trial, the Upper Tribunal of the Immigration and Asylum Chamber accepted the man was kidnapped and , tortured while he was held hostage by ISIS extremists and also ran into trouble with other groups.
Judge Lewis said: "It is clear and undisputed that the appellant has injuries and scarring which are consistent with ill-treatment."
The man's lawyers argued for there should not be much emphasis placed on the fact he remarked how he would "make up a reason" for seeking asylum given the pressures he was under, Mailonline reports.
They argued the screening process was "oppressive" as he had only just arrived in the UK after being smuggled in.
This comes after a Kenyan migrant was allowed to stay in the UK after a judge discovered that a document dismissing her asylum claim was “riddled” with typos.
The married asylum seeker claimed she was forced to flee the country when it emerged she had been having an affair with a woman she met in 2013.
She feared she would be "killed" by her husband or the authorities if she returned to Kenya.
The Home Office rejected her initial asylum claim and she appealed to the First Tier Tribunal of the Immigration and Asylum Chamber.
The Upper Tier Tribunal later found a judgement dismissing her claims was "riddled" with numerous "careless" errors and "misstatements" of evidence, meaning she could stay in the UK.
This comes as Labour scrambles to slash the UK's migration figures.
Addressing the nation last week, Sir Keir Starmer said Britain risks “becoming an island of strangers” if net migration doesn’t fall.
Speaking to LBC’s James O'Brien, Sir Sadiq said he “understands” why Labour is seeking to crackdown on immigration but “wouldn’t have used” the same language as the PM.
When pressed on the PM’s comments, including his description of a recent period of high immigration as a “squalid chapter” in Britain's history, Sir Sadiq said: “Those aren’t the words I would use.”
He added: “But, If you listen to the Keir’s speech, he also spoke about the strength of diversity.”
“I think, what he’s referring too is the promise made by brexiteers, I think he’s referring to that (high numbers of immigration).“What he’s not referring to, is the contribution we make to British society.”