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Tuesday, November 17, 2009
British Tribunal Grants Asylum To Afghan Convert To Christianity
In NM v. Secretary of State for the Home Department [Word.doc], (Asylum & Immigration Tribunal, Nov. 13, 2009), a British immigration tribunal, in an appeal from a decision by the Home Department, granted asylum to an Afghan national who had come to Britain aboard a hijacked airliner in 2000 and subsequently converted from Islam to Christianity in Britain. The Tribunal concluded that if the appellant returned to Afghanistan and his conversion became known, he would likely face arrest and ultimately punishment before a Sharia court. The Tribunal pointed out that Christianity can only be practiced secretly in Afghanistan, and it is unlikely appellant would be able to make contact with other Christians there without placing himself in great risk. This led to the conclusion that "appellant’s return to Afghanistan would expose him to a real risk of persecution and would subject him to a real risk of inhuman or degrading treatment in violation of his rights under Article 3 of the ECHR." Today's London Daily Mail reports on the decision that it calls a "landmark case."