CCPR/C/112/D/2186/2012 that the ordinary courts’ review of the decisions of the Refugee Appeals Board is limited to points of law. As regards the authors’ claim that they are subjected to discrimination because they cannot appeal the decisions of the Refugee Appeals Board, the Government submits that the authors were treated no differently from any other person applying for asylum, regardless of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 4.8 The State party submits that the activities of the Refugee Appeals Board are based on section 53a.(1)(i) of the Aliens Act, according to which decisions of the Danish Immigration Service refusing asylum are always appealed to the Board. An appeal of such a decision suspends enforcement of the decision. The Refugee Appeals Board is an independent, quasi-judicial body. The Board is considered a court within the meaning of article 39 of the European Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status (2005/85/EC). Article 39 deals with the right of asylum seekers to have a decision in their case reviewed by a court or tribunal. 4.9 The State party submits that, pursuant to section 7(1) of the Aliens Act, a residence permit is issued to an alien upon application if the alien falls under the Convention relating to the Status of Refugees. Section 7(1) of the Aliens Act incorporates article 1A of the Convention relating to the Status of Refugees into Danish law so that, in principle, refugees are legally entitled to a residence permit. For the Refugee Appeals Board to consider that the conditions for a residence permit under section 7(1) of the Aliens Act have been met, the general criterion is that it may be feared that the asylum seeker will be subjected to specific and individual persecution of some severity or a risk thereof in case of return to his country of origin. The Board bases its assessment of whether that criterion has been satisfied on any particulars regarding persecution prior to the asylum seeker’s departure from his country of origin. However, the decisive point is how the asylum seeker’s situation is assumed to be in case of return to his country of origin. In its decision, the Board considers whether the asylum seeker risks persecution in case of return to his country of origin, including in cases where the Board finds that there was no basis for asylum when the asylum seeker left his or her country of origin. An assessment of whether persecution has taken place includes the background and the intensity of the outrages, including whether the outrages are of a systematized and qualified nature. Importance is also attached to any risk of repetition of the outrages, including when the outrages took place. 4.10 The Aliens Act states that any refusal of a claim for asylum must always be accompanied by a decision as to whether the alien in question can be removed from Denmark if he does not voluntarily leave the country. 5 Pursuant to section 31(1) of the Aliens Act, an alien may not be returned to a country where he will be at risk of the death penalty or of being subjected to torture or inhuman or degrading treatment or punishment, or where the alien will not be protected against being sent on to such country (nonrefoulement). It further follows from section 31(2) of the Aliens Act that no alien may be returned to a country where he or she will risk persecution on the grounds set out in article 1A of the Convention relating to the Status of Refugees, or where the alien will not be protected against being sent on to such country. 4.11 The Refugee Appeals Board may assign legal counsel to the asylum seeker. In practice, the Refugee Board assigns counsel in all cases. Before the Board hearing, counsel is allowed to meet with the asylum seeker and study the case file and the existing background material. Proceedings before the Refugee Appeals Board are oral. In addition to the asylum seeker and counsel, the hearing is attended by an interpreter and a 5 8 The State party refers to sections 32a and 31 of the Aliens Act.