A REFUGEE was allowed to stay in the UK despite having an initial asylum claim rejected after lying that his life was in danger at home.
Court documents uncovered by The Sun reveal a judge ruled his 2022 account was “not credible” and he actually came here “as an economic migrant”.
However, while his asylum plea was dismissed in March last year, he was granted leave to remain on humanitarian protection grounds.
The unnamed Gazan man had argued he was in “fear of Hamas”, which was disputed by the Home Office.
His lawyers relied on the European Convention on Human Rights’ Article 3, which states no one can be subjected to torture, inhuman or degrading treatment, or punishment.
However, a subsequent Upper Tribunal hearing in Manchester in April 2024 concluded the original judge was wrong to reject the man’s asylum claim.
Judge David Michael Walker Pickup said: “Unarguably, by the judge’s own reasoning, the appellant is ipso facto a refugee.
“It follows that the judge was in error in dismissing the appeal on asylum grounds, even though the factual basis of the claim to fear Hamas was rejected for cogent reasons.”
It meant he can stay on asylum and humanitarian protection grounds.
It comes amid fury after a Palestinian family were allowed to join a relative here despite using a scheme set up for Ukrainians fleeing the war.
Tory leader Kemi Badenoch wants ECHR powers in the UK curbed.
Shadow Home Secretary Chris Philp said: “Urgent changes to human rights laws are needed so Parliament, not immigration judges, decide on the criteria to stay in the UK.”
Deaf paedo deport axe
A SERIAL paedophile dodged being deported, partly due to being deaf.
The 33-year-old, known only as RC, was caged for molesting children and sharing child sex abuse images, and was to return to Zimbabwe in 2019.
But a court ruled he faced torture at home as he is gay, autistic and deaf.
He cited Article 3 of the European Convention on Human Rights.
Partially-deaf Tory MP Sir Alec Shelbrooke said: “Being deaf is no excuse at all for his evil offending.”
