
An asylum seeker with a Pakistani passport claimed he was an Afghan national in a bid to avoid being deported. The man reportedly arrived in the UK with his wife and children.
He is fighting to stay in the UK, arguing that it would violate his right to a family life under Article 8 of the European Convention on Human Rights (ECHR) if he were deported to Afghanistan. His case had been rejected by a first-tier immigration tribunal, but after errors were found in the judge's ruling, an upper court approved his appeal.
The migrant, whose name has not been made public, is now being given a fresh hearing, according to GB News. It is said the man lodged an asylum claim soon after reaching the UK and claimed the Pakistani passport was obtained under false pretences.
The first-tier immigration tribunal upheld a Home Office decision to reject his application for asylum, with the judge dismissing a claim he would be targeted by Afghanistan's hard-line Taliban rulers if he was deported to the country.
His claim to hold Pakistani and Afghan nationality was rejected by the upper tribunal as Afghanistan does not permit dual nationality.
The upper tribunal did, however, back the asylum seeker's claim the Taliban has pursued and targeted people who have sought refuge in Pakistan.
It also said it was irrational of the lower court to suggest the best interests of his children would be served if they stayed with their parents in Britain, Kuwait, Pakistan or even Afghanistan.
News of the case comes after the Home Office unveiled a raft of changes which include refugee status becoming temporary with regular reviews every 30 months.
Refugees will also be forced to wait 20 years for permanent settlement in the UK, up from five years currently.
The Home Office's asylum reforms could also end the Government's legal duty to provide asylum seeker support, which means housing and weekly allowances for asylum seekers will not be guaranteed.
An appeals system is expected to be replaced with asylum seekers limited to a single appeal as well as claims facing a tightening of the rules around Article 8, which is often used to stop deportations.
Home Secretary Shabana Mahmood described the reforms as the most significant changes to the UK's asylum system in modern times.