A young Iranian migrant living in the United Kingdom may avoid deportation after a judge ruled that his story of having an affair with his brother’s wife could be believable. The 20-year-old man said he fled Iran for his own safety after the relationship was discovered.
According to his account, the affair lasted for nine months while they all lived in the same family house. He said he was only 16 at the time and that his brother, who worked as a soldier, threatened him with a gun when they were caught. The migrant claimed that this threat forced him to escape immediately.
He explained that although his uncle was angry about the situation, he still helped him run away by guiding him across rooftops. The migrant said that staying in Iran would put him at great risk because adultery could result in 100 lashes or even the death penalty.
The young man entered the UK in August 2022 and asked for asylum. However, his first asylum application was rejected in November 2023. When he appealed early this year, the First-tier Tribunal also dismissed his case, saying his story was “implausible and incredible.”
The judge who dismissed his appeal argued that he and his sister-in-law would not risk their lives for an affair, and that the uncle would not help him escape if he was truly angry. But a new Upper Tribunal judge has disagreed with that reasoning and said the earlier decision was flawed.
Judge Joseph Neville noted that a 16-year-old can make poor decisions in a moment of emotional immaturity. He also said that a family member can be upset but still protect a relative from danger, especially in cultures where family honor and severe punishments are involved.
Because of these findings, the judge ruled that a “large and substantial part” of the earlier credibility assessment cannot stand. He has now ordered that the case be reheard by the First-tier Tribunal.
The new hearing will decide whether the Iranian migrant can stay in the UK or be returned to Iran, where he believes his life is at risk.