Afghan who converted to Christianity is granted asylum

November 18 2009 by Liam Clifford

An asylum seeker who arrived on a hijacked plane from Afghanistan has won an appeal to stay in the country, as he may face the death penalty if returned home.

A man refused asylum has overturned the previous decision by the Home Office using human rights laws.

At the UK immigration appeals hearing the man, who cannot be named for legal reasons, argued that there were fears as an apostate – a person who has rejected the Muslim religion – he would face persecution if he were to return to Afghanistan.

The man, originally from Kabul, arrived in the UK as a Muslim but soon converted to Christianity, he has been baptised and also now attends church regularly.

At the Asylum and Immigration Appeals tribunal his lawyers claimed he had already been faced with animosity and had even been threatened with death from other Muslims.

Although there is a small Christian community in Afghanistan, worshipping is carried out underground through small networks of followers, the man’s lawyers argued he would have to constantly be ‘looking over his shoulder’ and if discovered could expect no protection from the Afghan government.

Senior UK Immigration Judge Nichols in giving his decision said it was not reasonable to expect someone to have to live and worship in such a manner, he continued that while there are no laws as to what should happen to apostates in the Afghan constitution, Sharia law demands the death penalty.

"He faces a real risk of, at the very least, detention because of his religion and, at worst, trial before a Sharia Court and harsh punishment unless the appellant recanted his conversion.”

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