Jun 24 2012
An Afghan Muslim who claims he killed people while fighting for the Taliban has used the Human Rights Act to remain in England on grounds that his life would be in danger if he returned home, despite the British Government’s efforts to deport him.
UK Daily Mail Zareen Ahmadzai, who spent three years fighting in Afghanistan, has admitted using a Kalashnikov rifle and firing rockets, as well as supplying weapons and food to the Taliban.
The Home Office rejected his claim for asylum, and when his appeal also failed, Ahmadzai was detained at Harmondsworth immigration removal centre in West London while awaiting deportation.
Yet when the 30-year-old – who initially did not speak English – mounted a fresh appeal, he was able to overturn the Home Office’s case on the grounds that his life would be at risk if he returned home.
The decision is another setback for Home Secretary Theresa May, who is under pressure to reform human rights laws following a series of high-profile cases in which Muslim extremists have avoided deportation.
Ahmadzai arrived in Britain illegally in May 2010 after travelling from Afghanistan in lorries. Two days later he was arrested at an address in Wolverhampton and claimed asylum. When the Home Office ordered he be deported, he appealed to the immigration court. Although a judge rejected his appeal, Ahmadzai took his case to the Upper Tribunal Immigration and Asylum Chamber.
The court ruling said: ‘He believed that he was advancing the cause of Islam. He said that his father was shot during fighting against the Americans. ‘He indicated that he had been in “a lot” of battles, sometimes two or three a night as well as daylight fighting.’ He alleges that shortly afterwards he fled the country but cannot return because his life would be in danger from both the Taliban and the Afghan National Security Forces.
Psychologists who have examined Ahmadzai say they believe he was suffering from post-traumatic stress disorder, which is caused by highly stressful or frightening events, such as armed combat.
Although the Home Office disputed Ahmadzai’s story and did not believe he was wanted by either the Taliban or the ANSF, Senior Immigration Judge Jonathan Perkins ruled that he must not be deported.