Judges tell tribunal to rehear plea for asylum
APPEAL judges have ordered a rehearing of the cases of two failed Iranian asylum seekers who maintain they converted to Christianity after arriving in the UK.
The men, known only as TF and MA under anonymity orders, had claims for asylum rejected by the Home Secretary and subsequent appeals to tribunals refused.
But three judges at the Court of Session in Edinburgh ruled a first tier and an upper tribunal both erred in law.
Lord Glennie, who heard the challenge with Lady Paton and Lord Drummond Young, said: “They have failed properly to take account of the independent evidence relating to the genuineness of the appellants’ conversion to Christianity.”
Lord Glennie said the Home Secretary did not dispute that individuals who converted from Islam to Christianity did face a risk of persecution if they were forced to go back to Iran as apostates.
TF came to Britain legally on a student visa valid for five years in 2013 and made an asylum claim two years later. MA entered the country illegally in 2015 fearing persecution because he was perceived to be homosexual.
TF had attended an evangelical church, the Tron Church, in Glasgow, and MA said he was baptised at the church. About 130 to 150 Iranians seeking asylum and who have been granted asylum regularly attend mid-week meetings there.
Lord Glennie said the men’s appeals would be sent back to a first tier tribunal.