Home Office grants asylum on grounds of religion
An Afghan atheist has been granted asylum in the UK on the grounds of religion, in a landmark Home Office decision.
The man was brought up as a Muslim but fled to the UK at the age of 16 and turned to atheism. Kent Law Clinic argued that he would face persecution on the grounds of his lack of religious belief if returned, including evidence that he could face the death sentence under Sharia law unless he remained discreet, and it would be difficult for him to remain discreet in Afghanistan.
Clinic solicitor Sheona York, who prepared the case with law student Claire Splawn, says: “The decision represents an important recognition that a lack of religious belief is in itself a thoughtful and seriously-held philosophical position.”
In 2010, a decision that two gay men who faced persecution in their own countries for their sexuality could be returned on the basis they could be discreet was overruled by the Supreme Court, in HJ (Iran) v Secretary of State for the Home Department, HT (Cameroon) v Same [2010] UKSC 31.
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