CAT/C/59/D/634/2014
4.5
The State party observes that decisions of the Refugee Appeals Board are based on
an individual and specific assessment of the case. The assessment of evidence performed by
the Board is based on an overall assessment of the asylum seeker’s statements and
demeanour during the Board hearing in combination with the other information in the case,
including the Board’s background information on the conditions in the country of origin.
The Board may also examine witnesses. In its adjudication of the case, the Board will seek
to determine what findings of fact it should make on the basis of the evidence. If the asylum
seeker’s statements appear coherent and consistent, the Board will normally find them to be
factual. In cases in which the asylum seeker’s statements throughout the proceedings are
characterized by inconsistencies, changing statements, expansions or omissions, the Board
will seek to clarify the reasons. In many cases, the asylum seeker’s statements will become
more detailed and accurate in the course of the proceedings. There may be various reasons
for this, such as the course of the proceedings and the asylum seeker’s particular situation,
which the Board will include in its assessment of the asylum seeker’s credibility. However,
inconsistent statements by the asylum seeker about crucial parts of his or her grounds for
seeking asylum may weaken the asylum seeker’s credibility. In its assessment of
inconsistencies, the Board will take into account, inter alia, the asylum seeker’s explanation
of the reason for the inconsistencies and the asylum seeker’s particular situation, such as
cultural differences, age and health. For example, individuals who have previously been
subjected to torture cannot always be expected to give an account of the facts of the case in
the same way as individuals who have not been subjected to torture. Finally, the Board, if in
doubt about the asylum seeker’s credibility, will always assess to what extent the principle
of the benefit of the doubt should be applied.
4.6
The Board is responsible not only for examining information on the specific facts of
the case, but also for providing the necessary background information, including
information on the situation in the asylum seeker’s country of origin, e.g., whether there is a
consistent pattern of gross, flagrant or mass violations of human rights in the country in
question. Background material is obtained from various sources, including country reports
prepared by other Governments as well as information available from the Office of the
United Nations High Commissioner for Refugees and reputable non-governmental
organizations. The Board is also legally obliged to take the international obligations of
Denmark into account when exercising its powers under the Aliens Act. To that end, the
Board and the Danish Immigration Service have jointly drafted several memorandums
describing in detail the international legal protection accorded to asylum seekers under,
inter alia, the Convention relating to the Status of Refugees, the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention for the
Protection of Human Rights and Fundamental Freedoms (the European Convention on
Human Rights) and the International Covenant on Civil and Political Rights. These
memorandums form part of the basis for the decisions made by the Board, and are regularly
updated.
4.7
In cases where torture is invoked as one of the grounds for asylum, the Refugee
Appeals Board may sometimes find it necessary to obtain further details on such torture
before determining the case. As part of the appeals procedure, the Board may, for example,
order an examination of the asylum seeker for signs of torture. Any such decision will
typically not be made until the Board hearing, as the Board’s assessment of the necessity
for such an examination often depends on the asylum seeker’s statement, including the
asylum seeker’s credibility; it depends entirely on the circumstances of the specific case
whether such an examination is ordered. If the Board considers it proved or possible that
the asylum seeker has previously been subjected to torture but finds, upon a specific
assessment of the asylum seeker’s situation, that there is no real risk of torture upon return
at the present time, the Board will normally not order an examination. The Board normally
does not order an examination for signs of torture where the asylum seeker has lacked
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