An Iraqi refugee petrol-bombed at his home in Greece by a gang of neo-Nazis has won a legal bid against a decision to deport him from the UK.
Sharif Kadir, 54, launched a court fight against the home secretary’s decision in 2015 to remove him from the UK and that his asylum and human rights would not be breached as a result.
A Scots judge has found the former power station worker has the right to have his appeal against then home secretary Theresa May’s decision heard by an immigration judge, and that the judge could rule in his favour.
Mr Kadir moved to Greece in 1999 when he was forced to leave Iraq after he complained about a theft from the power station where he worked against two influential members in control of the Kurdish Regional Government.
He was removed from his job after making the complaint and one week later he was arrested and detained for 17 days.
Mr Kadir then moved and lived peacefully in Greece until 2009 when the factory where he worked closed down and as a result he started selling jewellery in a small shop to make ends meet.
A gang of neo-nazis from a group called the Golden Dawn began targeting Mr Kadir along with a number of other immigrants and damaged his goods.
Then in 2013, Golden Dawn attacked his home and launched a petrol bomb at the house.
He reported the attack to police but it is claimed they took no notice and told him he was not wanted in the country.
A judgment from Lord Mulholland at the Court of Session in Edinburgh states: “The petitioner complained to the police who told him they could not support him, to get out of Greece and that he was not wanted… police told him that the persons who were responsible can steal from his home as he has stolen from the government. The petitioner left Greece following this.
“He entered the United Kingdom on February 26, 2014. The only relatives he has in the UK are his mother’s paternal aunt’s child and his paternal uncle’s son.”
Mr Kadir claimed asylum after entering the UK and claimed that to remove him to Iraq or Greece “would be contrary to his convention rights in that he had a well‑founded fear of persecution and harm in Iraq due to his imputed political opinion and a well‑founded fear of persecution and harm in Greece due to his race.”
Ms May issued a decision letter in March 2015 rejecting his claim. He was then detained and the authorities planned to deport him to Greece in April, however that was put on hold due to this legal move.
Lord Mulholland said in a written ruling on the case that “In my view an Immigration Judge having considered the… material set out in the decision letter together with the UNHCR report dated December 2014 and the petitioner’s accounts could legitimately take a different view to that of the respondent and find in favour of the petitioner.”
He added: “An immigration judge could agree with her decision” but added: “a judge could legitimately take a different view and there is a real prospect of success.
“The petitioner should have the right to have this decided in an ‘in-country’ appeal.”