header-logo header-logo

15 January 2014
Issue: 7590 / Categories: Legal News
printer mail-detail

Atheist given asylum

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.

Issue: 7590 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll