CCPR/C/124/D/2734/2016
are living in Denmark cannot lead to the conclusion that she risks being subjected to illtreatment in Italy, contrary to article 7 of the Covenant.
4.14 In conclusion, Italy can serve as the country of first asylum for the author and her
child and, accordingly, their deportation to Italy would not entail a violation of article 7 of
the Covenant. The communication has not brought to light any new, specific information
about the author’s situation. Her allegations that she has been subjected to harassment and
that she fears becoming homeless and not being able to receive assistance from the Italian
authorities are unsubstantiated. Such a fear is not supported by her prior experience in Italy
nor by background information. In addition, according to the Committee’s established
jurisprudence,21 considerable weight should be given to the assessment conducted by the
State party unless it is found that the evaluation was clearly arbitrary or amounted to a
denial of justice.
Author’s comments on the State party’s observations on admissibility and the merits
5.1
In her comments of 12 October 2016, the author maintains that her return to Italy
with her minor son would constitute a breach of article 7 of the Covenant and submits that
the State party has failed to provide sufficient grounds to demonstrate that the
communication is manifestly ill-founded. According to the UNHCR position on the
standard of proof, “the decision-maker needs to decide if, based on the evidence provided
as well as the veracity of the applicant’s statements, there is a ‘reasonable likelihood’ that
the claimant has a well-founded fear of persecution.” 22 That view was later adopted by
other international organs, most recently by the Committee on the Elimination of
Discrimination against Women, which held in its general recommendation No. 32 (2014)
on the gender-related dimensions of refugee status, asylum, nationality and statelessness of
women (para. 50 (g)) that the threshold for accepting asylum applications should be
measured not against the probability but against the reasonable likelihood that the claimant
had a well-founded fear of persecution or that she would be exposed to persecution on
return.
5.2
The Danish Refugee Appeals Board has failed to assess whether the author’s child
can be registered in Italy and if the Italian authorities know about him. It has also not
sufficiently substantiated whether the author and her minor son can enter lawfully and take
up lawful residence in Italy. She emphasizes that her stay in Italy was insecure and
inconsistent. She was only offered accommodation from 2008 to 2009, when she was 17
years old and an asylum seeker. After being granted a residence permit, she was asked to
leave the centre. The work she performed in Italy was illegal and offered to her by the
Somalian network to which she no longer has a connection. She stayed at shelters that were
open only from 7 p.m. to 7 a.m. and she was never offered any help by the authorities. If
she goes back to Italy, she will be more vulnerable with her minor son. Those shelters are
not suitable for a small child, and the State party has not sufficiently proved that they will
not be faced with homelessness and destitution upon return.
5.3
In the author’s case, it is not a question of the author’s material and social conditions
being reduced, but simply a question of access to a minimum standard of living conditions.
The Committee also stressed in Jasin v. Denmark that States parties should give sufficient
weight to the real and personal risk a person might face if deported rather than rely on
general reports and on the assumption that, as the author benefited from subsidiary
protection in the past, she would, in principle, be entitled to work and receive social
benefits. 23 The State party should also have undertaken a necessary and individualized
examination of the risks regarding registration of the author’s son in Italy.
5.4
With regard to the fact that she has not renewed her residence permit, the author
submits that every day struggled to find a job and housing. Whenever possible, she worked
21
22
23
GE.19-02298
P.T. v. Denmark (CCPR/C/113/D/2272/2013), para. 7.3; K. v. Denmark (CCPR/C/114/D/2393/2014),
paras. 7.4–7.5; N. v. Denmark (CCPR/C/114/D/2426/2014), para. 6.6; Mr. X and Ms. X v. Denmark
(CCPR/C/112/D/2186/2012), para. 7.5; and Z. v. Denmark (CCPR/C/114/D/2329/2014), para. 7.4.
UNHCR, An Overview of Protection Issues in Europe: Legislative Trends and Positions Taken by
UNHCR, European Series, vol. 1, No. 3, 1995/09 (Geneva, 1995), p. 87.
CCPR/C/114/D/2360/2014, para. 8.9.
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