An Iranian asylum seeker has won his legal battle to remain in Britain after claiming he was a "sex toy smuggler" facing persecution in his home country.
The unnamed man, who was granted anonymity, had his first asylum claim dismissed by a lower-tier immigration tribunal but successfully appealed the decision in an upper-tier tribunal.
The man had claimed he smuggled boxes of vibrators and other adult devices across the Iranian border.
Under Islamic law, sex toys are illegal in Iran with a ban on importing them.
The first-tier tribunal also rejected his claims about facing persecution for protesting against the Tehran regime
PAThe lower-tier tribunal dismissed his "elaborate" argument, saying he gave "inconsistent" and "implausible" evidence.
Court papers revealed he had been inconsistent about the number of boxes he smuggled, according to The Telegraph.
The tribunal also found that "the circumstances in which it was claimed that the authorities had identified him from material he had left behind were implausible."
Before the first tribunal, he also argued he would face persecution if returned to Iran due to his anti-Tehran regime protests in London and Facebook posts.
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The first-tier tribunal also rejected his claims about facing persecution for protesting against the Tehran regime, declaring that his political expressions were "not genuine".
The court concluded that the activities were simply a ruse to help him secure refugee status.
The judge acknowledged caution was needed as the man "has been found to have contrived an elaborate and false narrative about the events he claims caused him to flee Iran".
However, Judge Lodato found photographic evidence confirming the man's presence at nine demonstrations outside the Iranian Embassy in London.
Although not a "central or prominent" protester, the evidence showed he had been committed to demonstrations over almost four years.
The Home Office argued his political activity began suspiciously soon after arriving in the UK
GETTY
The Home Office argued his political activity began suspiciously soon after arriving in the UK.
Judge Lodato examined the Iranian man's Facebook activity, revealing a "consistent and committed outpouring of political opinion over a considerable period", posting "anti-regime and pro-Kurdish rhetoric on a regular basis since October 2021".
He found no evidence of "mechanical and routine postings" but decided that the frequency of posts "resonated with a more natural engagement with political social media of this nature".
Based on his assessment of the evidence, Judge Lodato ultimately ruled that the Iranian man would face a "real risk of persecution" if returned to his home country.
The judge found in favour of the appellant on refugee convention grounds, overturning the earlier decision that had dismissed both his initial sex toy smuggling claim and his political activism defence.
