CCPR/C/130/D/2946/2017
4.6
The State party notes that, in practice, the Refugee Appeals Board assigns counsel
free of charge in all cases and forwards to counsel the case file well before the hearing. In
practice, before a hearing, asylum seekers always meet with their counsel, who submit briefs
in the vast majority of cases. Proceedings before the Board are attended by the asylum seeker,
his or her counsel, an interpreter and a Danish Immigration Service representative. The
asylum seeker makes a statement and may produce additional evidence. Questions are posed
to the asylum seeker, following which counsel and the Danish Immigration Service
representative can make oral arguments. The asylum seeker may make a final statement. The
Board normally renders its decision immediately after the hearing. Decisions are based on
individual and specific assessments made in the light of all relevant evidence, including
information on the asylum seeker’s country of origin.
4.7
The State party observes that asylum seekers are told that it is their duty to provide
detailed information and about the importance of doing so. The Refugee Appeals Board bases
its assessment on an overall appreciation of the asylum seeker’s statements and demeanour
during the hearing, as well as on other information, including on the country of origin. The
Board has a comprehensive collection of such information and continually updates it based
on a variety of sources. It normally accepts the asylum seeker’s statements as fact if they are
coherent and consistent, and seeks clarifications of inconsistencies, changing statements,
expansions or omissions. Inconsistent statements about crucial elements may weaken an
asylum seeker’s credibility; in such cases, the Board will consider, inter alia, the asylum
seeker’s explanations as well as his or her situation, including cultural differences, age and
health. In certain situations, greater emphasis may need to be placed on objective
circumstances due to the asylum seeker’s age or mental health status.
4.8
The State party observes that the communication submitted by the author provides no
basis for setting aside the assessment made by the Refugee Appeals Board. The State party
argues that the author has not established that his removal to Afghanistan would constitute a
breach of his rights under article 7 of the Covenant. The State party refers to the high
threshold set by the Committee for providing substantial grounds for establishing that a real
risk of irreparable harm exists.5 The State party also refers to the standard of the Committee’s
review according to which considerable weight should be given to the assessment conducted
by the State party, and it is generally for the States parties’ organs to evaluate facts and
evidence in a particular case, unless it is found that such evaluation was clearly arbitrary or
amounted to a denial of justice.6 The State party asserts that, in the present case, the author
has not met this standard, as, beyond voicing his disagreement with the assessment made, he
has failed to identify any irregularity in the decision-making process or any risk factors not
properly considered. The State party submits that the author attempts to use the Committee
as an appellate body to have his case reassessed, even though it was already assessed at two
instances in Denmark and he had the opportunity to present his views orally and in writing
with the assistance of legal counsel, resulting in a comprehensive and thorough assessment
by the Refugee Appeals Board.
4.9
The State party observes that the communication contains no new information on the
author’s situation in Afghanistan. It notes that the general situation in Afghanistan is not such
as to justify granting asylum.7 With reference to the findings of the Refugee Appeals Board,
the State party observes that the author has not rendered probable a specific and individual
5
6
7
4
A.A.I. and A.H.A. v. Denmark (CCPR/C/116/D/2402/2014), para. 6.5; and X v. Denmark
(CCPR/C/110/D/2007/2010), para. 9.2.
A.S.M. and R.A.H. v. Denmark (CCPR/C/117/D/2378/2014), paras. 8.3 and 8.6; P.T. v. Denmark
(CCPR/C/113/D/2272/2013), para. 7.2; N v. Denmark (CCPR/C/114/D/2426/2014), para. 6.6; K v.
Denmark (CCPR/C/114/D/2393/2014), paras. 7.4–7.5; Mr. X and Ms. X v. Denmark
(CCPR/C/112/D/2186/2012), para. 7.5; and Z v. Denmark (CCPR/C/114/D/2329/2014), para. 7.4.
The State party refers to the UNHCR Eligibility Guidelines for Assessing the International Protection
Needs of Asylum-Seekers from Afghanistan, 30 August 2018 (document HCR/EG/AFG/18/02); and
M.A. v. Denmark (CCPR/C/119/D/2240/2013), para. 7.7. See also the judgments of the European
Court of Human Rights in A.G.R. v. the Netherlands (application No. 13442/08), para. 59; M.R.A. and
Others v. the Netherlands (application No. 46856/07), para. 112; S.S. v. the Netherlands (application
No. 39575/06), para. 66; and A.W.Q. and D.H. v. the Netherlands (application No. 25077/06), para.
71.