
The 32-year-old man, who judges have granted anonymity, illegally entered Britain on the back of a lorry in 2016.
He said he lost his Iraqi ID card and warned that sending him back to his home nation would violate his human rights.
When asked in a screening interview why he should be given asylum, he replied, “I don’t have a real reason to be here. Give me some time, and I will make up a reason.”
A senior immigration judge denied his asylum claim but has decided not to order his removal on humanitarian protection grounds after “undisputed” evidence revealed he would be subjected to ill-treatment in his homeland.
Deputy Upper Tribunal Judge Paul Lewis said in his ruling: “Absent good reason, we do draw adverse inferences against the appellant for his failure to give evidence on key matters in his appeal, other than in connection with the circumstances of his physical injuries.”
The Upper Tribunal of the Immigration and Asylum Chamber acknowledged throughout the hearing that the man had been abducted and tortured by ISIS extremists. At the same time, he was being kept as a prisoner and had also encountered conflict with other organisations.
Judge Lewis said: “It is clear and undisputed that the appellant has injuries and scarring which are consistent with ill-treatment.”
The man’s lawyers argued that there should not be much emphasis placed on the fact that he stated how he would “make up a reason” for seeking asylum, given the pressures he was under, Mailonline reports.
They argued the screening process was “oppressive” as he had only just arrived in the UK after being smuggled in.
This comes after a Kenyan migrant was permitted to stay in the UK after a judge discovered that a document dismissing her asylum claim was “riddled” with typos.
The married asylum seeker claimed she was forced to flee the country when it emerged she had been having an affair with a woman she met in 2013.
She feared she would be “killed” by her husband or the authorities if she returned to Kenya.
She appealed to the Immigration and Asylum Chamber’s First Tier Tribunal after the Home Office denied her original asylum petition.
The Upper Tier Tribunal later found a judgment dismissing her claims was “riddled” with multiple “careless” mistakes and “misstatements” of evidence, meaning she could remain in the UK.
This comes as Labour scrambles to cut the UK’s migration figures.

Addressing the country last week, Sir Keir Starmer said Britain risks “becoming an island of strangers” if net migration doesn’t fall.

Talking to LBC’s James O’Brien, Sir Sadiq said he “understands” why Labour is seeking to crack down on immigration but “wouldn’t have used” the same language as the PM.
When pressed on the PM’s comments, including his description of a recent period of high immigration as a “squalid chapter” in Britain’s history, Sir Sadiq said: “Those aren’t the words I would use.”
He added, “But if you listen to Keir’s speech, he also spoke about the strength of diversity.”
“I think what he’s referring to is the promise made by Brexiteers, I think he’s referring to that (high numbers of immigration).“What he’s not referring to is the contribution we make to British society.”
Greetings from a fractured Britain, and I do think that our government needs to analyse each law so that there are no loopholes. At the moment, immigration lawyers and foreign criminals are ridiculing us.
I keep saying this, but it always falls on deaf ears. We are a small country with the greatest numbers coming in because they know that they will get the care and attention that they wouldn’t get anywhere else, which plainly demonstrates that the Prime Minister is a betrayer to the British people.
European nations are not letting them in or to stay, so they’re all heading to the UK, and Starmer’s arms are wide open – roll up, roll up, get your benefits here and anything else you want!
Keir Starmer filed a lawsuit against the government over migrant benefits, particularly in the areas of human rights and asylum.
He was a barrister and later head of the Crown Prosecution Service (CPS), and during that time, he was involved in cases challenging government policies related to immigration and benefits.
Labour wants mass migration, so if you want free movement of the third world landing on our shores, then Labour is the party for you.
With so many governments that don’t pay attention to what the people want, the nation is in ruins. A lack of spine is an understatement.
Since judges are now interpreting the law according to their political views rather than according to the statute, it is time for a complete revamp of the legal system.
We are now the laughing stock of the world with these people coming to our shores, and our government expect us to support them. We have no inkling about them or their former lives, et cetera, and nothing is being said or done about it, and it has to stop!
We, the people, must take action; simply complaining and pounding our feet won’t solve the problem, but anyone who opposes this madness will probably be condemned as a fascist or a member of the far right.
What about the human right of the British people? It’s time we started using the law to protect our country, oh I forgot, there are no laws to protect this country or its people.
Given that all you itemise here is so – & Khan’s extraordinary & expected obfuscation / ducking & diving as ever “ …. “The contribution WE make …” ( “We Lone Ranger “ ?!!! Is he admitting he’s a migrant ) Hard to know what any of us deemed British can do about this very lucrative invasion – stashed & supply lines of people smugglers – who are paid whether the contents drown or not – in offshore tax havens – when the indigenous population is no longer a majority , where the various enclaves of ‘ marginalised minority ‘ , not ‘integrated’ has become a majority & ever increasing as the Trojan horse long turns out to be a prolific brood mare … As you may be aware the borough of Tower Hamlets headed by a convicted criminal of major and extraordinary electoral fraud , a struck off lawyer who has attempted to turn Tower Hamlets into a ‘city’ within the city of London – which would include the Tower of London ! & a large number of lawyers who have been struck off then reforming with changed names for fitting up any immigrant of their ilk with forged work / immigration documents – struck off and reformed with changed names registered … The man quoted as saying he could find a reason to say why he’d forced his way to our shores may have been phrasing that way as his grasp of English was imperfect. Nevertheless – …. We will have 70 million population within 4 years ….. who are breeding …. Certainly somewhat [ hateful euphemism ] unsustainable is it not…. >
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