An Egyptian migrant who previously raised funds for the Muslim Brotherhood has successfully won an appeal against the rejection of his UK asylum claim, despite having been convicted of running over a police officer in his home country. The individual, identified in court documents only as MM, will now have his case reheard after an immigration judge identified significant procedural errors in how evidence was handled during his initial application.
Background of the case
The claimant, who does not speak English, originally had his human rights application dismissed after being found guilty of crimes connected to the Muslim Brotherhood, an Islamist movement designated as a terrorist organisation by the Egyptian government. His journey to Britain began after an incident in August 2021, when he struck someone with his car in Egypt and was unable to pay the compensation demanded.
Asylum claim and initial rejection
MM travelled through Libya, Italy, and France before arriving in the United Kingdom, where he promptly submitted his bid for asylum. During an official interview with UK authorities, he revealed that the person he had hit was actually a police officer, and that his family had informed him Egyptian police were actively searching for him and had visited his family home.
Although MM had been formally charged with collecting money for the Muslim Brotherhood in Egypt, he maintained throughout proceedings that he had never been politically active with the organisation. In August 2022, an Egyptian court found him guilty, alongside others, of crimes connected to the Brotherhood.
Appeal success and judicial findings
Deputy Upper Tribunal Judge Hannah Graves concluded that mistakes had been made during the initial assessment of MM's case, particularly regarding the treatment of documentary evidence he had provided. Judge Graves stated clearly that she could find no basis in the evidence to support the finding that MM had failed to provide documents at the earliest possible stage.
The judge noted that the timing of document submission did not prevent the Home Office from undertaking proper scrutiny, as they were submitted before the decision, the review, and the hearing. This error was deemed material to the overall assessment of MM's credibility and the weight that could be placed on the documents themselves.
Special considerations in the case
Judge Graves also highlighted that MM represented himself as a litigant in person who does not speak English and had struggled significantly to engage with the complex appeal process. Among the evidence MM provided was photographic documentation of his attendance at a Muslim Brotherhood demonstration in the UK in November 2022.
The Muslim Brotherhood, established more than fifty years ago, remains banned in several countries including Egypt, Saudi Arabia, Bahrain, and the United Arab Emirates. By mid-2014, the organisation in Britain consisted of loosely associated groups without a single leader.
Next steps in the legal process
The case will now return to the first-tier tribunal for a fresh hearing at a later date. This development represents a significant procedural victory for the claimant, though it does not guarantee ultimate success in his asylum application. The ruling underscores the importance of proper evidence handling in immigration cases, particularly when dealing with individuals who face language barriers and represent themselves without legal counsel.
