An Iraqi asylum seeker has won the right to remain in the UK after his mother refused to provide crucial identity documents, believing his life would be in danger if he returned to Iraq.
The case was decided by an upper immigration tribunal, which overturned an earlier rejection of the man's asylum claim.
The ruling centred on the man's mother withholding his civil status identity card (CSID), a document essential for his return to Iraq.
Deputy Judge CJ Williams accepted that the mother's refusal to provide the documentation was based on her genuine fears for her son's safety.
The case was decided by an upper immigration tribunal, which overturned an earlier rejection of the man's asylum claim
PA
The Iraqi man initially sought asylum in 2021, claiming he had been threatened, kidnapped and beaten by vehicle owners after being commissioned to repair their car.
The attack was reported to Kurdish security forces, known as Asayish, but no action was taken, prompting his flight to the UK.
His initial asylum appeal was rejected on grounds that four years had passed since the attack, suggesting he was no longer at risk.
However, the upper tribunal took a different view when considering his mother's refusal to provide his identity documents.
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Judge Williams determined it would be too dangerous for the man to attempt returning to Iraq without proper identification
Getty
"We accept as credible that the appellant's mother is withholding his CSID," Judge Williams stated in the ruling.
The judge noted it was "unsurprising" that his mother would refuse to assist in his return, given the previous violence against him.
The tribunal's ruling hinged on Article three of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment.
Judge Williams determined it would be too dangerous for the man to attempt returning to Iraq without proper identification.
"We find the appellant would be returning to Iraq without documentation and that he would therefore face a real risk of encountering treatment or conditions which are contrary to Article three of the ECHR," the judge stated.
The ruling concluded: "We remake the decision, allowing the appellant's appeal on Article three grounds only."
The judge acknowledged that even if the tribunal's findings about reduced risk were explained to the man's mother, it was unlikely she would "simply change her mind and provide the CSID to him."
