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15 January 2014
Issue: 7590 / Categories: Legal News
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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
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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