Ex-BBC Correspondent’s Testimony Saves Asylum Seeker from Deportation

[Social Media]

 

A former BBC journalist played a crucial role in preventing the deportation of a Pakistani asylum seeker by supporting his human rights case. Dr. Owen Bennett-Jones, a former Islamabad bureau chief for the BBC, intervened by verifying claims that the man faced imminent arrest and imprisonment if forced to return to Pakistan.

 

Dr. Bennett-Jones, known for his tenure as the host of the World Service’s Newshour, leveraged his professional contacts to determine the legitimacy of the asylum seeker's concerns. The tribunal heard that he had been informed the individual was on a "control list" and would likely be apprehended upon arrival in Pakistan.

 

After Dr. Bennett-Jones submitted a report detailing the dire conditions of Pakistani prisons, the tribunal ruled in favor of the asylum seeker, granting him refugee status. An immigration judge found that returning the man to Pakistan would violate his Article 3 rights under the European Convention on Human Rights (ECHR), which safeguards individuals from persecution and torture. The Home Office had initially dismissed Dr. Bennett-Jones’s report, arguing that his expertise lay in extremism rather than military affairs, but this argument was ultimately overruled.

 

 

The asylum seeker, whose identity has been protected, arrived in the UK in 2010 on a student visa after fleeing Pakistan. Following the expiration of his visa, he applied for leave to remain, leading to a legal battle that stretched until 2020, when he was informed he would be deported. He appealed the decision, asserting that his life would be at risk if he returned.

 

He recounted that he had sought assistance from the Pakistani military after the Taliban attempted to recruit him. As a former radar technician for the Pakistani Air Force (PAF), he was told he would be "of great use" to the militant group. After being refused help by the police, he reported the Taliban’s approach to his commanding officer but was subsequently arrested by military police. He described being tortured and interrogated for nine days before being granted a month’s leave, during which he fled to the UK.

 

The tribunal noted: "[He] claims that he is now wanted as a deserter by the PAF and that military officials often visit his family’s home to question them about his whereabouts." The asylum seeker stated that he would face immediate arrest and court martial upon return to Pakistan. His claims were supported by Dr. Bennett-Jones, who provided a "country expert report" that became a crucial element in the case.

 

Dr. Bennett-Jones explained: "Having been given [the asylum seeker’s] passport number and CNIC [ID card] number by his lawyer, I enquired from my contacts in Pakistan about [his] status. It turns out that he is on the Passport Control List." He emphasized that he obtained this information from high-level sources in Pakistan but could not reveal their identities for security reasons. He added, "[The asylum seeker] is still on the Passport Control List and would therefore be picked up on his arrival in Pakistan."

 

Judge Matthew Hoffman, an upper tribunal judge, dismissed the Home Office’s claim that Dr. Bennett-Jones lacked expertise in military matters, instead acknowledging his "impressive CV." The judge highlighted Dr. Bennett-Jones’s background as a BBC foreign correspondent, his tenure as Islamabad bureau chief, and his extensive 25-year experience reporting on South Asia. Additionally, he referenced the journalist’s work running seminars for British diplomats and civil servants and his PhD.

 

Judge Hoffman stated: "Considering the evidence together in the round and applying the lower standard applicable in protection cases, we are satisfied that the appellant is on the [exit control list]." He concluded that the most probable reason for this was the individual’s desertion from the PAF after failing to return from his leave in 2010.

 

"We are satisfied to the lower standard that on return to the country [the man] is likely to be stopped at the airport and arrested pending a court martial. We accept [evidence from] Dr. Bennett-Jones’s first report that the likely punishment for desertion is a period of imprisonment," the judge stated. "We are therefore satisfied that if the [man] was to be arrested and detained on return to Pakistan as a deserter from the PAF, then his removal would breach the UK’s obligations under Article 3 [of the ECHR]."

 

 

Based on a report by The Telegraph  2025-04-04

 

 

[Watawattana]

Well done to this journalist!  If this guy has committed a crime then I'm sure Pakistan can apply for extradition, not sure if someone committing a criminal act can use Article 3; people shouldn't be able to use this Article if they've broken the law.