A migrant who arrived in Britain with his wife and children on a Pakistani passport has claimed he is really an Afghan national in a bid to avoid deportation.
The asylum seeker has claimed deportation to Afghanistan would be a violation of his right to a family life under Article 8 of the European Convention on Human Rights (ECHR).
A first-tier immigration tribunal originally threw out his case, but an upper court later allowed his appeal after finding flaws in the judge’s decision.
The Pakistani migrant has now been handed a fresh hearing as he battles to stay in Britain.
The case comes just months after Home Secretary Shabana Mahmood unveiled sweeping asylum overhauls with faster removals after warning that Britain was targeted by people “asylum shopping” around Europe.
The appeals system is set to be replaced with a “one-shot” single-appeal model designed to fast-track decisions.
Under the proposals, a new appeals body would rule swiftly, late claims would be curtailed, and weak cases could be rejected after a single interview.
Claims would also face tighter limits, including stricter rules on last-minute Article 8 family-life arguments often used to halt removals.
The asylum seeker has claimed deportation to Afghanistan would be a violation of his rights to a family life
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GETTY
After the migrant arrived in Britain, he quickly lodged an asylum claim, insisting he was Afghan and alleging the Pakistani passport had been secured under false pretences.
The Home Office turned down his asylum application, a decision later upheld by a first-tier immigration tribunal.
The judge found he was a dual national of Pakistan and Afghanistan and dismissed claims he would be targeted by the Taliban if sent back, saying there was insufficient evidence to support the risk.
The unnamed migrant then took the case to the upper tribunal, which ruled that the original decision was undermined by multiple errors.
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The case comes just months after Home Secretary Shabana Mahmood unveiled sweeping asylum overhauls
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The upper tribunal accepted the migrant’s claim that he is unable to hold both Pakistani and Afghan nationalities as dual citizenship is not allowed in Afghanistan.
It also backed his submission that there was evidence the Taliban had pursued and targeted individuals who had sought refuge in Pakistan.
The upper tribunal claimed it was “simply irrational” for the lower court to suggest that the children’s best interests would be served by remaining with their parents in Britain, Kuwait, Pakistan or Afghanistan.
The court said: “Given the current political situation in Afghanistan under the Taliban government, it is simply irrational to have held that there is no effective difference between any of the countries from the children’s point of view.”
The judge dismissed claims he would be targeted by the Taliban if sent back
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The migrant’s case will now return to a first-tier tribunal to be heard by a different judge.
Home Office data published earlier this year shows Pakistani migrants accounted for the largest share of asylum claims, with 10,542 lodged in 2024.
However, their claims are less likely to be approved at first decision compared with other nationalities such as Afghanistan and Iran, with just 30 per cent granted.
Around 456,000 Pakistani nationals are estimated to be living in the UK.