Deputy Bailiff Tim Le Cocq ruled that the Royal Court should hear the man’s asylum case as he continues his fight against deportation.
The man, who arrived in Jersey by dinghy in August, already had an existing asylum claim in a European country but claims he is being persecuted and his life is at risk from Islamic State terrorists if he is forced to return.
Jersey Care; Refugee Aid Group, whicj has been supporting the asylum seeker – whose identity is protected by a Royal Court order – said that Jersey should be ‘proud’ to give those at risk of persecution the ‘opportunity of safety’.
The man’s initial asylum request was rejected by Customs. However, he has now been granted leave to appeal against that decision as he seeks to settle permanently in Jersey.
Laura Ridley, chair of JCRAG, said: ‘As a privileged, compassionate and free society, we in Jersey should be proud that we honour human rights and give the opportunity of safety to those people who, through no fault of their own, have experienced the horrors of war, persecution, torture and any other kinds of dehumanising and degrading treatment at the hands of their governments or others.’
She added that the decision by Mr Le Cocq allowed the courts to give ‘substantive consideration’ to the man’s asylum claim.
Article 3 of the European Convention on Human Rights prohibits torture, and inhuman or degrading treatment or punishment. Advocate Sarah Dale, who is representing the Syrian national, argued Jersey would be in breach of its human rights obligations if the man was sent back to the European country.
No date has yet been set for further hearings.