Fleeing Persecution Asylum Claims in the UK on Religious Freedom

This report also notes <strong>the</strong>re rema<strong>in</strong> concerns with procedural aspects, <strong>in</strong>clud<strong>in</strong>g regard<strong>in</strong>g <strong>the</strong>
impact of <strong>the</strong> former Deta<strong>in</strong>ed Fast Track (DFT) system, <strong>the</strong> current Deta<strong>in</strong>ed <strong>Asylum</strong> Casework
(DAC) system, <strong>the</strong> adequacy of resources <strong>in</strong> <strong>the</strong> asylum system, <strong>the</strong> legal representation for asylum
seekers as well as religious literacy tra<strong>in</strong><strong>in</strong>g of Home Office asylum process staff.
Information received by <strong>the</strong> APPG and <strong>the</strong> AAG has also <strong>in</strong>dicated that <strong>the</strong> focus amongst those
work<strong>in</strong>g on asylum procedures regard<strong>in</strong>g complex asylum cases has been towards asylum claims
based on sexual orientation or gender identity and not religious persecution.
In evidence submitted by <strong>the</strong> Ahmadiyya Muslim Association <strong>UK</strong> (AMA <strong>UK</strong>) <strong>in</strong> May 2016, when
hav<strong>in</strong>g reached <strong>the</strong> First Tier Tribunal level, one Ahmadi man seek<strong>in</strong>g asylum on <strong>the</strong> grounds of his
persecution <strong>in</strong> Pakistan, outl<strong>in</strong>es that he was restricted by <strong>the</strong> judge to answer questions <strong>in</strong> yes or
no fashion, not provid<strong>in</strong>g him <strong>the</strong> chance to give examples and details. This same witness also
submits that <strong>the</strong> judge did not apply HJ (Iran) and HT (Cameroon) v. Home Secretary case law which
provides that <strong>the</strong> <strong>in</strong>dividuals <strong>in</strong> this case could not be expected to conceal or reasonably tolerate
be<strong>in</strong>g discreet about <strong>the</strong>ir sexual orientation <strong>in</strong> <strong>the</strong>ir own countries.
This report's f<strong>in</strong>d<strong>in</strong>gs signal a lack of understand<strong>in</strong>g and misperceptions of religion and belief
among decision-makers work<strong>in</strong>g with<strong>in</strong> <strong>the</strong> <strong>UK</strong> asylum system.
A Lack of Statistics
That <strong>the</strong> Home Office does not disaggregate claims on different convention grounds and thus
keep<strong>in</strong>g a record of <strong>the</strong> number of applicants seek<strong>in</strong>g asylum on <strong>the</strong> grounds of religious
persecution, is concern<strong>in</strong>g and needs to change. So that it is able to determ<strong>in</strong>e <strong>the</strong> true scale of
<strong>the</strong> issue, <strong>the</strong> APPG and <strong>the</strong> AAG call for such record keep<strong>in</strong>g to immediately commence.
Issues around Interpretation
Evidence also po<strong>in</strong>ts to lack of sensitivity shown to <strong>the</strong> specific needs of applicants and concerns
about a lack of professionalism on <strong>the</strong> part of some <strong>in</strong>terpreters hired by <strong>the</strong> Home Office from
private companies.
In an <strong>in</strong>terview with <strong>the</strong> APPG <strong>in</strong> May 2016, Mr Hamid Delrouz, an Iranian Christian convert, stated
that his asylum rejections by <strong>the</strong> Home Office were helped by <strong>the</strong> fact that, <strong>in</strong> court, his <strong>in</strong>terpreter
was not familiar with <strong>the</strong> Biblical terms <strong>in</strong>clud<strong>in</strong>g ‘Book of Psalms’ and ‘Jeremiah’ which were
translated <strong>in</strong>correctly.
In fur<strong>the</strong>r evidence submitted to <strong>the</strong> <strong>in</strong>quiry team <strong>in</strong> May 2016, AMA <strong>UK</strong> highlights <strong>the</strong> case of one
Ahmadi man who, <strong>in</strong> his <strong>in</strong>terview, felt that he had to start answer<strong>in</strong>g <strong>the</strong> <strong>in</strong>terviewer’s questions
<strong>in</strong> his broken English and not use his Urdu-speak<strong>in</strong>g <strong>in</strong>terpreter, mak<strong>in</strong>g <strong>the</strong> <strong>in</strong>terpreter angry,
because some of <strong>the</strong> concepts he was convey<strong>in</strong>g <strong>in</strong> Urdu were not be<strong>in</strong>g translated properly or
were be<strong>in</strong>g missed out. The Ahmadi applicant felt that this was affect<strong>in</strong>g his asylum case and was
concerned that ei<strong>the</strong>r <strong>the</strong> <strong>in</strong>terpreter did not have knowledge of Ahmadis’ beliefs or did not
personally agree with <strong>the</strong>m. In this <strong>in</strong>dividual’s First Tier Tribunal case, when he said to <strong>the</strong> judge
that he wanted to expla<strong>in</strong> his position properly when he felt <strong>the</strong> <strong>in</strong>terpreter was fail<strong>in</strong>g to do so,
he was told by <strong>the</strong> judge not to speak <strong>in</strong> English and only <strong>in</strong> Urdu through <strong>the</strong> <strong>in</strong>terpreter.
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