CCPR/C/124/D/2734/2016
illegally as a cleaning lady. Thus money for food was more important to her than the
renewal of a residence permit that had not helped her during her stay in Italy.
5.5
Concerning her previous experience in Italy, the author mentions that she had braces
fitted to her teeth when she was 17 years old and only because her teacher helped her. This
does not amount to a personal and general guarantee that she will receive the necessary
medical treatment upon return. Moreover, the State party’s assertion that she received
medical treatment, was integrated into society and was eligible for housing only concerns
her early years in Italy, when she was 17 years old and thus taken care of as a minor. It does
not mean that she will receive the same assistance today, when the Italian asylum system is
flooded due to a massive influx of refugees. This information is thus irrelevant.
5.6
With respect to her vulnerability, the author invokes the Jasin precedent to claim
that the Danish authorities should have taken all circumstances into account instead of
basing their decision on the assumption that, having lived in Italy for several years, the
author is likely able to take care of herself and her son. The author has not had any contact
with her husband, who has not shown any interest in her or in their son. Even if she does
not wish to be married any longer, religious and cultural traditions prevent her from filing
for divorce.
5.7
Finally, with regard to the State party’s denial of her fear of becoming homeless and
not being able to receive assistance from the Italian authorities, the author invokes the
UNHCR position in the sense that “a fear must be well-founded, but this does not mean
there must have been actual persecution”.24
Additional submission from the State party
6.1
On 13 June 2018, the State party provided further observations to the Committee,
generally referring to its observations of 18 August 2016.
6.2
While in a number of cases against Denmark the Committee has found that decisions
of the Refugee Appeals Board in respect of the transfer of authors with minor children to
Italy amounted to a violation of the Covenant, 25 those findings cannot lead to a different
outcome in the present case. The case law of the Board and its assessment of the conditions
of authors with minor children to be transferred to Italy are consistent with the case law of
the European Court of Human Rights. Thus, according to its inadmissibility decision in E.T.
and N.T. v. Switzerland and Italy,26 the European Court of Human Rights does not require
individual guarantees from the Italian authorities. The State party observes that the National
Operational Aliens Centre (Udlændingecenter Nordsjælland) of the North Zealand Police
(Nordsjællands Politi) will notify the Italian authorities of the deportation in advance and
collaborate with the Italian authorities on the deportation of the author and her son. The
European Court has previously approved this practice. 27
6.3
In its observations of 18 August 2016, the State party addressed the issue of renewal
of an expired residence permit. In its decision in E.T. and N.T., the European Court of
Human Rights considered that the fact that the second applicant was born outside of Italy
was not a barrier to that person’s removal to Italy. The Danish Refugee Appeals Board also
took into account the author’s previous experience in Italy. The author has thus not
identified any procedural defects in the Board’s decision.
6.4
The State party lastly refers to a recent judgment of the European Court of Human
Rights, which recalled the general principle that it is for the domestic authorities to assess
24
25
26
27
8
UNHCR, An Overview of Protection Issues in Europe, p. 87.
Jasin v. Denmark; Abdilafir Abubakar Ali and Mayul Ali Mohamad v. Denmark
(CCPR/C/116/D/2409/2014); Y.A.A. and F.H.M. v. Denmark (CCPR/C/119/D/2681/2015); Raziyeh
Rezaifar v. Denmark (CCPR/C/119/D/2512/2014); and Hibaq Said Hashi v. Denmark
(CCPR/C/120/D/2470/2014).
Application No. 79480/13, judgment of 30 May 2017.
See, e.g., European Court of Human Rights, F.M. and Others v. Denmark (application No. 20159/16),
judgment of 13 September 2016.
GE.19-02298