CEDAW/C/73/D/94/2015
against women, was clearly arbitrary or amounted to a denial of justice. 10 The
Committee notes that nothing on file demonstrates that any such deficiencies
characterized the examination by the authorities of the author ’s claims regarding her
fears regarding the risks that she would face if she were to return to Somalia. The
Committee also notes that, notwithstanding the generalized statements made by the
author’s counsel regarding perceived inefficiencies in the asylum procedures of the
State party, they are not alleged to have amounted to, or provoked, discrimination or
to have rendered decisions made by the authorities arbitrary in the author ’s case.
Moreover, and provided that they respect the procedural guarantees as set out under
international law, sovereign States are in principle free to determine the nature,
structure and procedures of their domestic systems for the determination of refugee
status.
8.5 The Committee notes that it must give important weight to the assessment
conducted by the national authorities, unless it is found that the evaluation was clearly
arbitrary or amounted to a denial of justice. 11 It notes that, after addressing the claims
as submitted by the author, the State party’s immigration authorities found that her
story lacked credibility owing to both inconsistencies and a lack of substantiation.
The Committee considers that nothing on file demonstrates that there were
irregularities in the examination by the Danish authorities of the author ’s claims that
could lead to the conclusion that the State party authorities failed in their duty to
properly assess the risks that the author would face if deported to Somalia.
Accordingly, and while remaining preoccupied by the general situation of human
rights in Somalia, in the present case, the Committee considers that nothing on file
leads it to conclude that the Danish immigration authorities, including the Refugee
Appeals Board, have failed in their duties when examining the author ’s case, or that
their decisions were arbitrary or amounted to a denial of justice, contrary to the
provisions of the Convention.
9.
The Committee therefore decides that:
(a) The communication is inadmissible under article 4 (2) (c) of the Optional
Protocol;
(b)
This decision shall be communicated to the State party and to the author.
__________________
10
11
19-15435
See, for example, N.Q. v. United Kingdom of Great Britain and Northern Ireland
(CEDAW/C/63/D/62/2013), para. 6.6; and N.M. v. Denmark (CEDAW/C/67/D/78/2014),
para. 8.6.
See, for example, CEDAW/C/72/D/96/2015.
11/11
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