SJ (Christian Apostates - Evidence)
| Jurisdiction | England & Wales |
| Judge | Mr M R Rapinet,Dr A U Chaudhry |
| Judgment Date | 12 August 2003 |
| Neutral Citation | [2003] UKIAT 158 |
| Court | Immigration Appeals Tribunal |
| Date | 12 August 2003 |
[2003] UKIAT 158
IMMIGRATION APPEAL TRIBUNAL
Mr M R Rapinet (Chairman)
Dr A U Chaudhry
For the appellant: Mr S. Hourigan, counsel, instructed by A.B. Law
For the respondent: Miss A. Holmes, Home Office Presenting Officer
SJ (Christian Apostates — Evidence) Iran
The appellant is a citizen of Iran who appeals by leave of the Tribunal against the determination of an Adjudicator (Mr W.L. Grant) dismissing her appeal against the respondent's decision to refuse asylum and to give removal directions.
The appellant arrived in this country in April 2000 and claimed asylum on arrival. The basis of her claim is that she had converted from Islam to Christianity and as a result had been detained for a period of about three hours by the Baseejis. She was released because the authorities apparently are only interested in those who proselytise. The Adjudicator has rejected her claim to have converted to Christianity and as such has dismissed the whole basis of the claim. He has similarly dismissed claims under Articles 3, 8, 9, 10 and 14.
This appeal originally came before us in September last year and we adjourned as we felt it necessary to receive evidence both from the appellant and from Mr Steer, who is a pastor in the Iranian Christian Fellowship Church in Chiswick, in order that we might form our own view as to whether or not the appellant is a genuine Christian.
We received evidence both from the appellant and from Mr Steer. So far as the appellant is concerned, she was asked extremely searching questions by both Miss Holmes and by ourselves in relation to her practice of the Christian faith and her knowledge of it. During the course of evidence the appellant informed us that she had been baptised into an orthodox church in Coventry about five months ago. She had at the time been staying with a friend, she tells us, and had a dream during the course of which it was indicated to her that she must be baptised. She and her friend, the following day, walked into an orthodox church (she was unable to tell us what orthodox church it was) and she was thereupon christened. She showed us photographs of this event taken by her friend. These photographs quite clearly indicate that she is in a Christian church and is the principal participant in a ceremony conducted by a number of priests who appear to be robed in a manner which would be commensurate with that of one or other of the orthodox churches.
Our comment upon this aspect of her evidence is that we view it with a degree of scepticism. We say this because, whilst we do not doubt that some form of ceremony took place five months ago in a Christian church, it does seem to us quite extraordinary that any Christian religion would be prepared to baptise someone of the appellant's age into that church without any form of instruction, particularly someone who has walked into the church off the street. We also find it somewhat strange that the appellant should have been baptised into a church about which she knows nothing. She could not even tell us which orthodox church it was, merely that there was a board outside which had on it the word ‘orthodox’. She could well have been baptised into the Greek orthodox church or the Russian orthodox church or the various other minor orthodox churches that exist. In our view this act on her part was self-serving. However, in coming to our conclusion with regard to the appellant's Christianity, we are heartened by the evidence of Mr Steer who informed us that this ceremony that took place in Coventry was not recognised by his church and that the appellant would be baptised into the Iranian Christian Fellowship church later this year when he was satisfied that she had undergone sufficient instruction and was sufficiently conversant with Christian tenets and beliefs.
Having considered the appellant's evidence with great care, we take the view that she is bona fide when she claims that she is a believer in the Christian faith and that she is committed to the Iranian Christina Fellowship church and that it is her intention, following suitable instruction in that church, to be christened into it later this year. We are also satisfied that since coming to this country she has attended that church and another church on a very regular basis. We mention another church because the appellant first started attending the Iranian Christian Church shortly after arrival and then went to another church nearer to where she lived but returned to the Iranian Christian Fellowship church a few months later. This has been confirmed to us by Mr Steer as well as by her in her own evidence. The reason why she left the church closer to where she lived is, not unreasonably, that the services were conducted entirely in English a language which she does not understand and therefore the service became somewhat meaningless. The services of the Iranian Christian Fellowship church are conducted in Farsi.
We were impressed by the evidence which was given by Mr Steer. He has been connected with the Iranian Christian Fellowship church for a considerable number of years and is a pastor in that church. He informs us that it is a registered church and licensed for the conduct of marriages, funerals and baptisms. He informs us that it has a regular pastor and that Eucharist is administered to the congregation regularly on Sundays although not on every Sunday. He informs us the appellant does receive the sacrament. It would appear that his church is the only Iranian Christian Fellowship in the world. We will comment upon this aspect later in the determination.
Suffice it so say that for the purposes of this determination that we accept that the appellant is now committed to the Christian faith and we accept that she will shortly be baptised into the Iranian Christian Fellowship church.
For the reasons which the Adjudicator gives in his determination, however, we entirely reject her claim to have been baptised into a Christian church in Iran prior to coming to this country and with the Adjudicator we would also reject the claim that she was persecuted by reason thereof. The appellant therefore did not leave Iran for a Convention reason. However, we are satisfied for the reasons which are given hereunder that she has, by her actions since coming to this country, become a refugee sur place. We come to this conclusion having...
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