CEDAW/C/73/D/86/2015
State party’s immigration authorities have specifically focused on clarifying the
author’s fear of gender-related persecution upon her return to Jordan.
4.11 The State party observes that due weight was accorded to the fact that the author
did not apply for asylum 9 until five months after her departure from her country of
origin and that she decided to destroy her passport and provided no other documents
to substantiate her statements.
4.12 The State party considers that the overall situation in Jordan cannot
independently justify the granting of asylum. The State party has taken into account
the background information available on Jordan, 10 which could not provide
justification for the author’s asylum request in terms of the alleged risk of persecution.
4.13 The State party concludes that the Refugee Appeals Board, a collegial body of
a quasi-judicial nature, made a thorough assessment of the author ’s credibility, all the
background information available on the particular country and the author ’s specific
circumstances. They led to the conclusion that the author had failed to render it
probable that upon their return to Jordan, she and her daughters would risk
persecution or abuse justifying their request for asylum. The author ’s communication
merely reflects her disagreement with the assessment of her case by the Board, and
she has failed to identify any irregularity in the decision -making process or any risk
factors that the Board failed to duly consider. The author attempts to use the
Committee as an appellate body to have the factual circumstances in support of her
claim for asylum reassessed by the Committee. The State party submits that the
Committee must give considerable weight to the determination of the Board, which
is better placed to assess the factual circumstances of the author’s case. It is therefore
the view of the State party that there is no basis for doubting, let alone setting aside,
the assessment made by the Board, according to which the author failed to establish
that there are substantial grounds for believing that she would be at risk of being
subjected to a real, personal and foreseeable risk of persecution if she and her
daughters were returned to Jordan. It would therefore not constitute a breach of
articles 1 and 2 (d), read in conjunction with article 2 (e) and (f), or article 15 (4) of
the Convention to return the author and her children to Jordan.
Author’s comments on the State party’s observations on admissibility and
the merits
5.1 On 26 January 2016, the author contested the State party’s arguments on both
the admissibility and merits of her case.
5.2 With regard to the author’s credibility, she claims that the threshold for
accepting asylum applications should be measured not against the probability, but
against the reasonable likelihood, that the claimant has a well-founded fear of
persecution or that she would be exposed to persecution upon return. 11 She argues
that, in the assessment of her credibility, the State party failed to adopt a gender sensitive approach and gender-sensitive procedural safeguards. She asserts that the
background material submitted in her initial complaint should have been taken into
account irrespective of the State party’s assessment of her credibility. She submits
that the State party failed to consider the cumulative effects of the presented facts and
to address significant issues such as: (a) her grievances experienced throughout her
marriage in the past; (b) her fear for her daughters, especially her middle daughter,
__________________
9
10
11
19-15427
She applied for asylum in Sweden first, in April 2013.
In addition to the background materials cited in her initial complaint, she refers to the country
reports on human rights practices issued by the Department of State of the United States of
America in 2014.
In that regard, the author refers to the Committee’s general recommendation No. 32 and its views
in A. v. Denmark (CEDAW/C/62/D/53/2013).
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