Iraqi asylum seeker was allowed to stay in Britain after immigration judge ‘confused’ his home country with Iran, tribunal told

An Iraqi asylum seeker was allowed to stay in the UK after an immigration judge appeared to confuse his home country with Iran, a tribunal heard.

The unnamed man won his case after Judge Helena Suffield-Thompson delivered a ruling based on guidance that related to Iran and Turkey. 

Judge Suffield-Thompson was assessing the potential risks if the asylum seeker was deported back to Iraq.

A tribunal heard he had made anti-Iraq government posts on his public Facebook account and argued he would be subject to persecution on his return.

At the hearing Judge Suffield-Thompson found in his favour, noting the ‘sophisticated’ capability of the authorities to monitor the social media accounts of political opponents.

But, a new tribunal has since found that she ‘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.

Now, the entire asylum case will have to start again, because the latest tribunal ordered it to be reheard. 

The Immigration and Asylum Chamber of the Upper Tribunal, sitting at Cardiff Civil Justice Centre, was told that the unnamed Iraqi had his first asylum appeal dismissed in 2019.

IRAQ: A tribunal heard that the man made anti-Iraq government posts on his public Facebook account (file picture of Baghdad)

Following the July 2022 decision to allow him to stay, the Home Secretary – now Yvette Cooper (pictured) – launched an appeal

IRAN: The judge noted Tehran’s ‘sophisticated’ capability of the authorities to monitor the social media accounts of political opponents (file picture of Tehran)

His next appeal was in July 2022 and was presided over at the First-tier Tribunal by Judge Suffield-Thompson, who allowed it.

Judge Suffield-Thompson ruled in his 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’.

But following the July 2022 decision to allow him to stay, the Home Secretary – now Yvette Cooper – launched an appeal.

Outlining the Home Office’s case, a tribunal report said: ‘The [Home Secretary’s] grounds of appeal assert that [Judge Suffield-Thompson] 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 is submitted that the findings of fact in relation to risk on return are based on country guidance that is not applicable to Iraq.

‘It is submitted that [Judge Suffield-Thompson’s] findings on the ability of the Iraqi authorities to monitor the [Iraqi’s] social media posts and ability to identify [him] on return are based on the [Judge Suffield-Thompson’s] assessment of the country situation in Iran instead of Iraq.

‘It is further submitted that [Judge Suffield-Thompson’s] findings as to the risk to the [Iraqi] on return are based both on the ability of Iranian and Turkish authorities to identify political opponents on return instead of the ability of the Iraqi authorities.

‘It is contended therefore that the appeal has been allowed on an erroneous basis.’

The tribunal report included the comments made by Judge Suffield-Thompson in July 2022 that were said to be erroneous.

Pictured: Cardiff Civil and Family Justice Centre where the tribunal was heard 

She said: ‘It is 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.

‘They have a biometric system which I find will be readily available to identify the [Iraqi] on return.

‘As a failed asylum seeker, the [Iraqi] will be interviewed by the authorities on return and he will be asked to disclose his computer details and his Facebook posts will be found.

‘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.’

At the latest Upper Tribunal appeal, the Iraqi’s lawyer objected to the Home Office’s argument that the case should be reheard.

Ultimately, it was found by the Upper Tribunal that there is no evidence that Iraqi authorities monitor the social media pages of anti-Iraq protestors, unlike Iran.

Concluding, Deputy Upper Tribunal Judge Lucy Murray ruled that there was an error in law and that the case should be remitted back to the First-tier Tribunal.

Judge 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’.

‘However, and in any event, there is neither case law in relation to Iraq nor… was there any background evidence before her to support the findings in relation to the ‘various sophisticated means’ of the Iraqi authorities to monitor activities of demonstrators and social media users abroad.

‘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.

‘I am satisfied therefore that the extent of fact-finding which is necessary for the decision in the appeal to be re-made is such that it is appropriate to remit the case to the First-tier Tribunal with no findings preserved.’

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