CCPR/C/125/D/2345/2014
2.11 On 1 November 2013, the Board refused to examine the author’s request to reopen
his asylum proceedings under section 33 (8) of the Aliens Act because the author had failed
to appear.
2.12 By letter of 11 December 2013, the Danish Refugee Council requested the Board to
reopen the author’s asylum proceedings. In that connection, the Council referred to the
author’s conversion to Christianity after the Board’s dismissal of his appeal. According to
the Council, the author had stated when interviewed by them on 10 December 2013 that he
felt that Christian culture in Denmark was very different from Islamic culture in
Afghanistan. The author further stated that his interest in Christianity had developed during
his stay in Turkey, where his friend had had a Bible. His friend had told the author about
Christianity and replied to questions about it, and had also said that he himself had
converted to Christianity. The author had started going to church six months after his
arrival in Denmark. In June 2013, the author had started attending services regularly at the
free evangelical Kronborgvejens Church Centre, and he had been baptized in that church on
13 October 2013. The author added that he now went to church every Sunday, that he
prayed alone or with friends and that he read the Bible in Farsi every day. The author
explained that he feared being killed upon his return to Afghanistan because he had
converted to Christianity. He added that he and his friend 6 had experienced religious
harassment at the asylum centre and had been called infidels by other asylum seekers. At
the asylum centre, the author had also been subjected to physical violence committed by a
Chechen and an Afghan.7
2.13 A certificate of baptism and a memorandum prepared by a minister of the
Kronborgvejens Church Centre were enclosed with the request to reopen the author’s
asylum claim submitted by the Danish Refugee Council. The Council further submitted that,
in its opinion, the author met the conditions for being granted a residence permit under
section 7 (1) of the Aliens Act. In that respect, the Council referred to the Board’s previous
decisions in cases concerning Christian converts from Afghanistan, stating that, although it
had not yet been established at that time whether the Afghan authorities had learned about
the author’s conversion, it could not be ruled out that there was a risk that the Afghan
authorities would learn about the author’s conversion if he was returned to Afghanistan.
According to the Council, it would be difficult for the author, having converted, to conceal
his new affiliation if he was returned to Afghanistan. Moreover, because he would return
from a European country, his behaviour would attract more attention among the local
population, so that even the smallest non-compliance with religions norms and principles
would leave the author in a particularly vulnerable situation. The Council additionally
submitted that, according to previous decisions made by the Board in cases involving
Christian converts, the author could not be required to hide his religious beliefs to avoid
problems in his country of origin.
2.14 In its decision of 6 February 2014, the Board stated on the basis of the above that it
did not find any grounds for reopening the case, nor any grounds for extending the time
limit for the author’s departure. In that connection, the Board took into consideration the
fact that no substantial new information or views beyond the information available at the
original hearing by the Board had been submitted.
2.15 The Board also found that, in the event of his return to Afghanistan, the author
would not be at any risk of persecution falling within section 7 (1) of the Aliens Act due to
his conversion because the Board could not accept as a fact that the author’s conversion
was genuine. The Board observed in that respect that, during the original asylum
proceedings, the author had not disclosed his interest in Christianity – which had arisen
already during his stay in Turkey prior to his entry into Denmark, according to the request
for the reopening of the case – whether to the police, the Danish Immigration Service, his
legal counsel or the Board. In its assessment of the information on the author’s conversion,
the Board also took into account, as appears from the reasoning of its decision of 16
January 2012, the fact that, during the asylum proceedings, the author had given elaborate
and inconsistent statements concerning his grounds for seeking asylum, and he had also
6
7
4
First name is available on file.
No further details provided by the author.