158 "I Don't Knows" Win Four-Year Stay
Afghan small boat arrival overrides expert age assessors on epilepsy claim
Upper tribunal grants asylum despite 207 memory lapses in interviews, exposing verification gaps in UK's overwhelmed system. Appeals routinely favour claimants over Home Office doubts, sustaining inflows amid public costs.
Commentary Based On
The Telegraph
Asylum seeker who answered ‘I don’t know’ to immigration questions can stay
An Afghan small boat migrant secures leave to remain until 2029 after answering “I don’t know” 158 times and “I can’t remember” 49 times in Home Office interviews. Upper tribunal judge Leonie Hirst ruled his epilepsy impaired memory, accepting his claimed 2007 birth year despite initial records listing 2005. Age assessors deemed him 19 and accused him of withholding information.
The migrant arrived in 2022, initially stating a January 5, 2005 birthdate at Kent Intake Unit. He later adjusted his narrative to claim birth in 2007, making him 15 on arrival. Assessors noted he raised no objection to the older age until moved to adult accommodation three months later.
Tribunal evidence included his consistent Afghan background account and anecdotal claims of poor birth record-keeping there. He attributed the initial date to advice from fellow travellers: provide any birthdate to claim asylum. Family contacts—uncle in 2023, mother in 2024—retroactively confirmed he was 16 then, turning 17 soon after.
Home Office placed him first in a child asylum hotel, then adult quarters. His setup collapsed after nine months, leaving him homeless until a charity referred him to Croydon Council for foster care. In January 2024, officials recognised him as a refugee.
National Age Assessment Board interviewers grew suspicious of the memory gaps. They recorded deliberate evasion in 207 responses. Yet the tribunal prioritised his epilepsy diagnosis and cultural explanations over this pattern.
Inconsistencies piled up. He claimed ignorance of his own birthday yet provided specifics when needed. Assessors rejected his shifting story as uncorroborated, but the upper tribunal found it credible on balance.
This case exemplifies asylum appeals’ low evidentiary bar. Tribunals routinely overturn Home Office and expert judgments with minimal pushback. Claimants benefit from repeated chances to refine narratives.
Home Office screening relies on self-reported details amid backlogs. Small boat arrivals bypass rigorous checks, entering hotels at taxpayer expense. Grants like this one—until 2029—lock in support costs without firm verification.
Age disputes recur in unaccompanied claims. Officials assume adulthood risks overburdened child services, yet appeals often revert younger ages. This migrant joins others winning stays despite flagged fraud risks.
Epilepsy explained everything, per the judge. No independent medical corroboration appears in records. Cultural norms excused knowledge gaps common in Afghan cases.
Britain houses him through 2029 on this basis. Foster care, hotels, and benefits followed his entry. Ordinary citizens fund indefinite stays amid housing shortages.
Verification Erosion
Home Office data shows high asylum grant rates on initial or appealed evidence. Tribunals prioritise claimant testimony over assessor doubts. Epilepsy diagnoses increasingly shield inconsistencies.
Cross-party governments expanded appeals since 1997. Labour and Conservatives alike piled resources into processing volume, not rigour. Backlogs cleared via shortcuts reward persistence over proof.
Functional borders demand consistent standards. Interviews test credibility; blanks signal evasion. Here, 207 blanks passed muster.
Public trust frays as cases like this surface. Polls record plummeting faith in immigration controls. Citizens see resources diverted from verified needs.
Integration follows grants. This 18-year-old enters communities post-foster care. Vetting gaps expose unknowns.
Institutional Pathology
The system incentivises appeals. Initial rejections invite tribunal overrides with sympathetic judges. No cost to claimants for volume responses.
Home Office loses most age disputes. Upper tribunals rule for migrants in unclear cases. Precedent builds leniency.
Politicians promise controls yet deliver expansions. Net migration hit records under both parties. Asylum inflows match or exceed emigrant outflows.
This reveals border control’s core failure. Verification bows to narratives. UK decline accelerates as unproven claims consume finite capacity, eroding sovereignty one appeal at a time.
Commentary based on Asylum seeker who answered ‘I don’t know’ to immigration questions can stay by Charles Hymas on The Telegraph.