Afghan atheist wins asylum ‘on religious grounds’

Lawyers argued that the man involved, who fled to the UK from a conflict involving his family in 2007, should be afforded the same protection from religious persecution as religious people.

The case was submitted to the Home Office on the basis that his beliefs, or lack thereof, would mean he faced persecution, and potentially a death sentence, if he returned to Afghanistan.

Lawyers from the Kent Law Clinic, supervised by practising lawyers from the University of Kent’s law school, argued that under Sharia law the man, who arrived in the UK as a teenager, could be sentenced to death as an “apostate” – one who has abandoned their religious beliefs.

It was also argued that he would be forced to keep his beliefs discreet if he returned to Afghanistan, but because Islam permeates so much of daily life in the country, this would be virtually impossible.

Philosophical position

Claire Splawn, a second year law student at the University of Kent, prepared the case under the supervision of clinic solicitor, Sheona York.

Ms Splawn said: “We argued that an atheist should be entitled to protection from persecution on the grounds of their belief in the same way as a religious person is protected.”

Ms York added: “We believe that this is the first time that a person has been granted asylum in this country on the basis of their atheism. The decision represents an important recognition that a lack of religious belief is in itself a thoughtful and seriously held philosophical position.”