An Afghan asylum seeker in Glasgow who fought against Nato-led forces in his homeland has lost his appeal against deportation from the UK.
Dawalat Khan Nasir, 34, was a former commander with the banned Islamist group Herzb-e-Islami Gulbuddin (Hig).
He entered the UK illegally in 2006 and claimed asylum on the grounds he was at risk of persecution in Afghanistan.
Judges at the Court of Session said his past meant he could not be shielded by human rights legislation.
The court heard that Nasir took part in attacks against the Nato-led mission in Afghanistan.
Nasir used Hig money to fund his departure from Afghanistan and fled by plane and lorry before entering Britain illegally in July 2006.
He made an application for asylum claiming that since childhood he had been involved with Hig – a proscribed terrorist organisation in the UK.
In October last year, Nasir, who has been living at a flat in Glasgow, was told by the Home Office that his asylum application had been rejected.
He challenged the decision but his case was rejected by a senior immigration judge.
His case came before the Court of Session in Edinburgh on Tuesday, which upheld the decision to deport him.
Nasir had claimed there was insufficient evidence of his participation in Hig acts which were contrary to the purposes and principles of the United Nations and that he should be afforded protection under human rights legislation and the Geneva Convention.
But Lord Hardie, who heard the case with Lord Reed and Lord Carloway, concluded that he was aware of Hig activities and aims and was excluded from the convention’s protection.
Lord Hardie said: “At the time of his father’s death the applicant was actively participating in the acts of Hig, including attacks against the International Security Assistance Force.
“He must have been aware at that time of the aims, methods and activities of Hig.
“Thereafter he became a commander in Hig and was involved in the planning of acts, including issuing orders to obtain guns.
“As a result of his involvement with Hig the applicant is excluded from the protection of the Geneva Convention.”
He took over his father’s role as commander in Hig – a mujahideen group founded by former Afghan prime minister Gulbuddin Hekmatyar – when he was killed as the Americans moved in to overthrow the Taliban.