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to explain what he was thinking when he realized that he was attracted to people of the same
sex. The Agency further considered that his personal reflections were of a general nature
without any real connection to events as perceived by him. He was moreover unable to
describe in a detailed way how he experienced his alleged relationship in Sweden, even
though he claimed that that relationship was an essential part of his life. In an overall
assessment, the Agency concluded that the complainant had not been able to plausibly
demonstrate that he belonged to a group that was at risk of persecution in Afghanistan owing
to sexual orientation or ascribed sexual orientation.
4.10 The State party notes that on appeal, the Migration Court held an oral hearing to give
the author the opportunity to again describe his cited need for protection owing to sexual
orientation. The Court initially noted that it had been more than two years after arriving in
Sweden and after his expulsion order had become final that he first cited that he was
homosexual, while he claimed to have known the Swedish authorities’ view about
homosexuality before arriving in Sweden. That fact had a negative impact on his credibility.
Furthermore, the Court considered his account relating to his thoughts and feelings about his
sexuality to be remarkably vague, even considering his cultural background. During the
hearing, he was given the opportunity to develop his personal perception of and feelings
regarding the alleged relationship in the Islamic Republic of Iran. He stated, inter alia, that
he did not have any thoughts or feelings about being different and stated that everything had
felt good and natural. He further claimed that he had lacked knowledge about the view of
homosexuality in the Islamic Republic of Iran and about the different attitudes towards
heterosexual and homosexual relationships. The Court noted in that regard that peoples’
thoughts and feelings relating to those kinds of questions were highly personal and individual.
However, it was not deemed credible that the author lacked knowledge about views on
homosexuality in the Islamic Republic of Iran. Moreover, the Court considered the
complainant’s replies regarding his feelings of shame and fear after his mother had allegedly
apprehended him with the boy in the Islamic Republic of Iran to be mechanical and without
nuance. Taking into account all the events the author claimed to have experienced and the
context in which he grew up, the Court considered that he should have been able to give a
more detailed account. Consequently, the Court considered that he had not plausibly
demonstrated that he belonged to a group that, owing to sexual orientation or ascribed sexual
orientation, was at risk of persecution in Afghanistan.
4.11 The State party further notes that the author claimed before the Committee that he had
been subjected to threats from people in Afghanistan who were relatives of the boy he had
allegedly had a relationship with in the Islamic Republic of Iran when he was 13 years old.
It notes that he has not submitted any evidence in support of that claim, either before the
Committee or before the domestic authorities. It argues that he has not provided any
reasonable explanation as to why these people would contact him several years later or by
which means they could have contacted him. It submits that the author’s claims in this regard
lack credibility and any corroborating evidence.
4.12 Regarding the author’s conversion from Islam to Christianity, the State party notes
that when examining whether he had plausibly demonstrated that his conversion was genuine,
the migration authorities made an individual assessment in accordance with the Office of the
United Nations High Commissioner for Refugees Handbook on Procedures and Criteria for
Determining Refugee Status and Guidelines on International Protection under the 1951
Convention and the 1967 Protocol Relating to the Status of Refugees as well as a guiding
judgment from the Migration Court of Appeal (case No. MIG 2011:29). An overall
assessment was made of the circumstances in which the conversion took place and of whether
the author could be expected to live as a convert upon his return to Afghanistan. It was taken
into account that the alleged conversion to Christianity had taken place in Sweden after his
expulsion order had become final, and while he was being held in detention awaiting the
enforcement of his expulsion order. Since the conversion was not a continuation of religious
views held before his arrival in Sweden, particular attention was paid to the credibility of the
author’s cited conversion. The Migration Agency conducted an extensive asylum
investigation with the author and the Migration Court held an oral hearing in order to examine
the author’s faith, how he came to know about Christianity, the nature of and connection
between any religious convictions held before the conversion and those he had since held, as
well as any possible disaffection with the previously held religion. The Migration Agency
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