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Judge THROWS OUT ruling against 'opportunistic' Kurdish asylum seeker because his leafleting in Turkey could put him at risk

Deputy Upper Tribunal Judge Emma Daykin, who found there is "a whole spectrum" between bare party membership and senior rank when assessing asylum risk.
Deputy Upper Tribunal Judge Emma Daykin, who found there is "a whole spectrum" between bare party membership and senior rank when assessing asylum risk.
A boulevard in Batman, eastern Turkey, the region YE — a Turkish Kurd and HDP member — fled before the Home Office rejected his asylum claim.
A boulevard in Batman, eastern Turkey, the region YE — a Turkish Kurd and HDP member — fled before the Home Office rejected his asylum claim.

Deputy Upper Tribunal Judge E. Daykin found 'a significant gap in reasoning' in the February 2026 decision against the man, known only as YE, an HDP member from Istanbul's Fatih branch whose claim the Home Office had rejected. A First-tier Tribunal judge accepted his party membership but never addressed what he actually did: attending conferences, providing security at Newroz celebrations and going door-to-door at coffee shops handing out leaflets and newsletters.

Home Office officials accepted YE, a Turkish Kurd, was an HDP member but saw no risk on return.

'There is a whole spectrum' between bare membership and senior rank, said Deputy Upper Tribunal Judge E. Daykin.

Properly assessing YE's profile 'may well have produced a different outcome' on his UK protests, Judge Daykin found.

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