Case No. UKUT-00286-(IAC)

61. The appellant claims that the actions of the respondent amount to interference with the AICC selection of a religious leader. In so submitting they rely upon the decision of the ECtHR in Hasan and Chaush v. Bulgaria , 30985/96 [2000] ECHR 511. This case concerned the actions of the Bulgarian government in relation to what the two applicants said was the forced replacement of the leadership of the Muslim religious community in Bulgaria. One of the applicants was the Chief Mufti of the Bulgarian Muslim who claimed that the state authorities had interfered in the organisational life of the Muslim community by refusing to register its leadership which had been elected. The Court found that the authorities had failed to remain neutral and that led to the conclusion that they violated Article 9; the government had proclaimed changes in the leadership of the Muslim community which were not justified. 62. The application of Hasan and Chaush v. Bulgaria , 30985/96 [2000] ECHR 511 does not assist the appellant in this appeal. Whilst the effect of the appellant’s removal inevitably has the effect of depriving the AICC and its membership of the imam of their choice, this was not the motive of the respondent’s actions (unlike the motive of the Bulgarian authorities which was to deprive the applicant of his position). In contrast, the United Kingdom authorities were applying immigration law as they saw it to be. Even if they were wrong, the decision had not interfered with the freedom of choice of the Afghan Muslim community because their actions have not been prompted by a wish to favour one imam over another. The personality of the appellant has not influenced the decision: anybody in the same position as the appellant who does not meet the requirements of the Rules is likely to be refused.