An asylum seeker has been granted permission to stay in the UK after claiming he was at risk of an “honour killing” if he went back to his home country after having an affair. The unnamed 32-year-old Iraqi claimed the shame of his relationship with a woman outside of his marriage would prevent him getting a new ID card.
The ID is accepted by governmental and non-governmental agencies to prove the identity of its owner and identify their Iraqi citizenship. Iraq citizens must have their identity registered and hold a Civil status identity card or a Unified National Card identity card. This card must be applied for and issued in person in Iraq.
However, the asylum seeker claimed he was unable to get anyone in Iraq to provide him with the ID card that he would require upon returning back to his home country. On these terms the lower immigration tribunal allowed him the right to stay.
Previous tribunals have recognised that Iraqis without IDs are at risk of persecution and violence if they attempt to return and cross through checkpoints to get home.
However, lawyers from the Home Office appealed the decision to grant him refugee protection, arguing that the judge had made an error in law, according to The Telegraph.
They pointed to official guidance which decreed that a threat of honour killing against a man was not sufficient reason to grant asylum.
However, the Home Office’s appeal was rejected by an upper tribunal who backed the man’s claim for refugee protection, allowing him to remain in the UK.
It was claimed that returning the 32-year-old to his home country would be a potential breach of Article 8 of the European Convention on Human Rights (ECHR), which protects against persecution.
