Facts
9. There is very little dispute about the activities performed by the appellant. These are described in his statement dated 2 May 2014. The appellant described how over the years, he had established strong links with the Afghan community in the United Kingdom. For many years, he had performed the voluntary work for the AICC and has built up strong and close relationships with many people there and in the Afghan embassy. He describes how he performed this voluntary work out of a desire to help others. In paragraphs 20 to 24 of his statement he describes his activities as including helping and advising the community on Islamic issues, organising prayer times, leading the congregation in daily prayers and congregate Friday prayers. In particular, he led prayers during Ramadan reciting the Qu’ran which he has committed to memory in its entirety (a Hafiz, lit. a guardian or memoriser of the Qu’ran). He also assists families with funerals, arranging memorial services, participating in and leading the ceremonies for the dead and visiting families in their homes. He assists in mediating in domestic problems. He conducts Islamic Nikah ceremonies in what he asserts is a somewhat complex procedure for which he is qualified (and has been for the last six years). In addition he teaches over 100 children at the AICC. He works with the young and with the local police on issues concerning youth, street crimes and public disorder. He is concerned with the building of community relations as well as seeking to build a more unified Muslim community in the United Kingdom. At present, he is not permitted to take up paid employment. The above description of his functions is confirmed by a number of witnesses who have made statements. 10. The material in support of the appellant’s claim included a petition, letters of support from various Afghan community associations, correspondence from, and to, members of Parliament and numerous other supporting letters from councillors, solicitors, friends and supporters. This support included a Note Verbal dated 15 April 2014 from London’s Ambassador at the embassy of the Islamic Republic of Afghanistan. 11. Although the ambassador is plainly speaking only in a personal capacity, his words echoed much of what others had said. He spoke of his contact with the appellant through the embassy. Embassy staff visited the AICC during the last 10 days of Ramadan in 2013. There, the prayers were led by the appellant who also leads the weekly Friday prayers at the AICC and funeral prayers. He also leads a regular weekly service on Sundays at the AICC. The embassy was so much impressed by the appellant's recitation of the Qu’ran that, in the Note Verbal of 15 April 2014, the ambassador spoke of inviting him to recite suitable verses at large events or anniversaries. The appellant also acts providing advice on issues within the Afghan community and, as a minister of religion, the appellant is appreciated throughout the Afghan community. He teaches at the Madrasa. He speaks Pashtu and Dari fluently, which is said to be rare. 12. The bundle supplied by the appellant's solicitors on 6 May 2014 contains over 100 pages of witness statements and letters of support. It includes support from the Chairman and the Trustees of the AICC. He is described as having a strong charismatic personality with a good positive influence upon those around him. I have no reason to doubt the high regard in which the appellant is held by the Afghan Muslim community. 13. More recently there has been unfortunate division amongst the Muslim community and on 6 March 2016, according to the evidence of Mr Zubair Mohammadi, the Secretary of the AICC, a group of its members attempted to stage a coup against the board of the AICC. He has been locked out of his office. He described how the situation became quite ugly and the police were called. Fortunately no violence ensued. Mr Mohammadi maintains his view that the AICC could not function without the appellant and cites the view of those involved in the attempted coup that, although they tried to depose the appellant, they could not do so because there was nobody to replace him. 14. Mr Mohammadi describes the AICC placing an advertisement in the Eastern Eye newspaper in which a replacement for the appellant is advertised in these terms:
- Introduction and immigration history
- The Afghan Community within the United Kingdom
- Facts
- Wanted: Farsi-Pashto Speaking Imam
- Minimum requirements-the applicant must:
- Main duties
- The Secretary of State’s response
- The Convention and Statutory Provisions
- Freedom of thought, conscience and religion
- Articles 8 and 9 compared
- Razgar
- The case law
- Ullah and Do
- Discrimination
- The analysis
- The AICC as a religious organisation
- Good works and the appellant’s activities as a benefit to the community
- Unlawful interference with the AICC’s freedom of choice
- The appellant’s personal claim to avoid removal
- The Communities’ interest in the exercise of proportionality
- DECISION
- Appendix A
- Attributes for Tier 2 (Ministers of Religion) Migrants
- Notes
