CCPR/C/118/D/2115/2011
Refugee Appeals Board, can be appealed before courts. 4 Moreover, since an asylum
application is examined and decided by the Danish Immigration Service in a short period of
time, it cannot be concluded that the Service carries out a thorough examination of the
request. Thus, in practice, the Board is the first instance that closely examines the
allegations submitted by an asylum seeker.
5.4
The author claims that he had only approximately two to three months to prepare for
the Board hearing and that this reduced his ability to provide evidence or offer witnesses
within the asylum proceedings, violating his right to fair procedure. He submits that the
asylum application he submitted to the Danish authorities had included photographs of his
car and his parents’ home after the bombing in December 2010, which were not taken into
account in the Board’s assessment. Also, while the State party refers to the contents of the
document issued by the Iraqi Nation Party, dated 10 May 2011, that confirmed the author’s
membership, it has not stated whether it considers the document a forgery. The author thus
argues that in its decision the Board was focused on the inconsistences of his oral and
written statements and that it denied his asylum request without assessing adequately the
documentary evidence he had submitted. He submits that his accounts were consistent
regarding the core part of his allegations.
5.5
The author notes that although he was not subjected to torture in Iraq prior to his
departure, he had been a victim of attacks by persons who allegedly belonged to a political
group opposed to the Iraqi Nation Party; those attacks had put his life at risk in a context in
which the Iraqi authorities could not provide him with protection.
Additional information submitted by the State party and by the author
6.
On 19 October 2012, the State party submitted additional information to the
Committee and reiterated its previous observations. It maintained that the author’s return to
Iraq would not constitute a violation of his rights under articles 2, 6, 7, 13, 14 and 26 of the
Covenant
7.
On 4 December 2012, the author reiterated his allegations that asylum seekers
cannot have access to courts, since decisions of the Refugee Appeals Board are final and
cannot be appealed. He claims that during the Board hearings, the Board members posed a
number of questions to him in a hostile manner that gave him the feeling that they were not
impartial.
8.1
On 15 June 2015, the State party submitted additional information. It maintains that
the author’s allegations of violations of articles 2, 6, 7, 13, and 26 of the Covenant are
inadmissible as manifestly unsubstantiated.
8.2
The State party submits that the author’s allegations under article 14 of the Covenant
are inadmissible ratione materiae.5 It further states that the Refugee Appeals Board is an
independent, expert board of a quasi-judicial nature, that the Chairman of the Board is a
judge, that the Board’s proceedings are oral, and that applicants who come before the Board
are represented by counsel.
8.3
The Board’s decision cannot be appealed and therefore its assessment of evidence is
not subject to review. Aliens may, however, by virtue of the Constitution of Denmark,
bring an appeal before the ordinary courts, which have authority to adjudicate any matter
concerning the limits to the competence of a public authority. As established by the
Supreme Court, the ordinary courts’ review of the decisions of the Board is limited to a
review of legal issues. Such issues include defects in the basis of the decision, procedural
4
5
The author refers to CERD/C/DEN/CO/17, para. 13.
The State party refers to the Committee’s jurisprudence concerning communication No. 2007/2010, X
v. Denmark, Views adopted on 24 April 2014, para. 8.5.
7