CCPR/C/127/D/3070/2017
was an atheist therefore did not constitute new circumstances that could be assumed to
constitute a lasting impediment to enforcement within the meaning of chapter 12, sections 1,
2 or 3, of the Aliens Act or to constitute grounds for a re-examination of the matter of a
residence permit. In addition, the State party reiterates that the Migration Court found that
the author had not demonstrated that he had a valid reason for not citing those
circumstances until then. The State party argues that, contrary to what the author claims, he
did receive a full assessment of his claims for asylum, with a thorough examination at both
the Migration Board and the Migration Court of Sweden.
6.5
The State party refers to the legal position paper regarding country of origin
information on Afghanistan issued by the Migration Board of Sweden on 24 January 2019.
In the paper, the Board admitted that a deterioration of the security situation could
constitute new circumstances under chapter 12, section 19, of the Aliens Act that could be
assumed to constitute a lasting impediment to enforcement of an expulsion order within the
meaning of chapter 12, sections 1, 2 or 3, of the Aliens Act, thereby justifying a new
examination of the matter of a residence permit. However, the State party alleges that the
security situation varies greatly both within and among the provinces of Afghanistan and
that an individual assessment of an author’s vulnerability and personal circumstances must
be made. In that context, the State party alleges that the above-mentioned information is a
general recommendation on the application of laws and regulations within the Board’s
mandate, developed for the purpose of achieving a uniform application by the Board of the
applicable laws.
6.6
In the light of the preceding arguments, the State party maintains its position that
there is no reason to conclude that the rulings by the domestic authorities were inadequate
or that the outcome of the domestic proceedings was in any way arbitrary or amounted to a
denial of justice in finding that the author’s account of his atheism, as presented during the
national asylum proceedings, was insufficient to lead the domestic authorities to conclude
that the alleged risk of ill-treatment upon his return to Afghanistan met the requirements of
being foreseeable, real and personal. 34
Author’s comments on the State party’s additional observations
7.
On 25 September 2019, the author submitted a reply to the State party’s additional
observations, reiterating his previous comments.
Issues and proceedings before the Committee
Consideration of admissibility
8.1
Before considering any claims contained in a communication, the Committee must,
in accordance with rule 97 of its rules of procedure, decide whether it is admissible under
the Optional Protocol to the Covenant.
8.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
8.3
The Committee notes the author’s claim that he has exhausted all effective domestic
remedies available to him. In the absence of any objection by the State party in that
connection, the Committee considers that it is not precluded from examining the
communication under article 5 (2) (b) of the Optional Protocol.
8.4
The Committee notes that the author invokes article 18 of the Covenant without
advancing any arguments specified to support that claim. Therefore, the Committee
considers that that part of the communication is insufficiently substantiated for the purposes
34
applicant’s conversion in the reopening proceedings was not considered new circumstances that could
justify a re-examination of his case due to its genuineness (F.G. v. Sweden, para. 155).
In that regard, the Government again reiterates that the Committee is not a court of fourth instance
that should re-evaluate facts and evidence de novo (see the dissenting opinions in Shakeel v. Canada).
11