Two Iraqi Kurds have gained the right to remain in the UK after claiming they faced threats from the Popular Mobilisation Forces militia.
The men, who have been granted anonymity, said they fled their homeland due to the fear of “persecution” by the Shiite militia, also known as Hashd Al Shaabi.
The network of mainly pro-Iran paramilitary units was formed to battle against ISIS in 2014, when Iraq's army collapsed, but has been accused of widespread human rights abuse.
The men made separate asylum claims, which were initially rejected but the same judge has now overturned each case on appeal.
In the first case, the immigration hearing was told that in June 2021 a group of ISIS fighters broke into one of the men’s family farm and stole livestock, which he reported to Hashd Al Shaabi, but when members arrived to investigate they were ambushed by the extremists. A gun battle ensued in which three militia fighters were killed, along with the man’s brother.
The man, referred to in court documents by the initials AM, said Hashd Al Shaabi believed he had led them into an ambush and began to hunt him down. His mother was killed by the militia and he fears “serious harm if he is returned to Iraq”.
His claim was initially rejected by the judge as lacking credibility on the basis he had only assumed the armed men at his farm were ISIS fighters. They were wearing black clothes and face masks, and proclaimed “Allahu akbar”, but a judge insisted there was “no reasonable explanation as to why they just did not tell him” they were from ISIS.
In overturning the decision, Judge Peter Lewis said his colleague did “not explain how she reached the decision as to what ISIS look like or say when greeting farmers in Iraq”.
Judge Lewis said his colleague also claimed Hashd Al Shaabi “would not have walked into an ambush”. The judge added: “Given that ambushes are by definition a surprise, the judge gives no proper reason for dismissing the possibility of an ambush.”
In the other case, the man known by the initials AA said he was at risk from the PMF because he refused to join the fight against ISIS, as well as his political activities as part of the Dakok Support Centre, a UK-based organisation that campaigns on human rights issues in Iraq.
His account was initially dismissed as lacking credibility, but Judge Lewis again overruled on the grounds his colleague had accepted the man was politically active in the UK.
The PMF was created in response to a fatwa by Iraq’s highest Shiite authority, Ayatollah Ali Al Sistani. It was initially an umbrella organisation of about 70 predominantly Shiite armed groups, with up to 250,000 members.
Groups linked to the PMF resumed attacks on US forces in 2019 when the war against ISIS was winding down, ending an uneasy alliance between coalition advisers helping the Iraqi army and government-funded militias.
The US military launched 85 strikes against Tehran-backed militiamen in Iraq and Syria in 2024. At least 16 people were killed and 25 injured in Iraq, including civilians, the government in Baghdad said. The attacks were the first wave of retaliation ordered by US President Joe Biden for a drone attack that killed three US troops in Jordan on January 28.
Iraq's parliament completed the first reading of new legislation on the PMF, containing 18 articles, on Monday. According to the draft seen by The National, it will keep the PMF under the command of Prime Minister, who's also the commander-in-chief for the armed forces, but as a parallel strong military force.
The second reading will begin the process of debate and amendments, before the bill is put to a vote at the third reading.
