An asylum seeker has avoided being deported from Britain after claiming the number of Facebook friends he had would put him at risk of persecution if he returned to Iran. According to the Telegraph, the 39-year-old has won his right to have a claim to remain in the UK reheard after a judge found the "large number of Facebook friends the man had required more consideration."
Previously, a lower tier tribunal judge had ruled the Iranian man had been "opportunistic" and used his political views to "fabricate" and bolster his claims. But lawyers for the man argued even if he was acting in "bad faith" he would still be "at risk on return" if he returned to Iran because of political views he had shared on social media.
They also argued it would not be "proper" for the man to delete his Facebook account where he has more than 2,500 friends. Article 3 of the European Convention of Human Rights (ECHR) was used in the case, which protects against persecution.
The Telegraph reports, the Upper Tier Tribunal (UTT) of the Immigration and Asylum Chamber was told the man, who cannot be named, is of Kurdish ethnicity and left Iran in 2015 before arriving in the UK in 2016.
Ruling that his case will be reheard, Upper Tribunal Judge Rebecca Chapman said: “In light of the judge’s failure to take account of material considerations ie the evidence that he had a large number of Facebook friends or contacts, I find his findings as to the potential effect of this evidence is unsustainable.
“For the reasons above I find the judge made material errors of law in his decision and reasons.”
Meanwhile, the Government has refused to rule out introducing an offshore processing scheme for asylum seekers as a minister refused to comment on "leaks".
Home Office minister Angela Eagle said the previous agreement with Rwanda was cancelled as it was for "deporting people for good" rather than processing claims.
Scottish National Party MP for Perth and Kinross-shire Pete Wishart asked: "During the asylum committee proceedings, I said to the minister that it's only going to be a matter of time before they concoct some sort of Rwanda-style deportation scheme.
"Even I didn't think it would come so quickly, if weekend press reports are to be believed. Can she say these reports are totally not true, and will she now rule out ever implementing a third party country deportation scheme like the Conservatives did?"
Ms Eagle said: "I'm not going to comment on leaks."
Former minister Esther McVey (Tatton), a Tory, later said: "Given the government doesn't believe in sending illegal immigrants to third countries like Rwanda, can the minister explain how the Government plans to deport people who destroyed their documents as they've come to this country, so that we don't actually know their country of origin? Or is the solution to keep those people here forever in hotels or in one of the 1.5 million homes Labour plans to build?"
Ms Eagle said: "I think that (she) should remember that the Rwanda scheme was about deporting people for good, and not dealing with their asylum claims. That is not in any way what this Government would ever consider doing, which is why it was cancelled."