CCPR/C/117/D/2462/2014
relating to the Status of Refugees, his application for residence under section 7 of the
Aliens Act will be refused.
4.3
The State party observes that according to the case law of the Refugee Appeals
Board, homosexuals are considered to belong to a particular social group and that,
depending on circumstances, they may fall within the Convention relating to the Status of
Refugees. In the present case, the Board took into account the information provided on
persecution prior to the author’s departure from his country of origin and based itself on the
assessment of his situation if he returned to his country of origin. In its decision of
4 December 2012, the majority of the members of the Board considered that the author’s
allegations lacked credibility and appeared fabricated for the occasion. The Board found it
peculiar that the applicant had not himself contacted his mother, who had obtained
valuables worth approximately 600,000 taka,12 which was paid to the agent who arranged
for the author’s departure. The author allegedly made contact through a person whom he
had met at random. The Board also considered it suspicious that the author had dared to
have sexual intercourse with a friend in a paddy field several times. Finally, the Board
considered that the applicant had given inconsistent statements: he had stated to the Danish
Immigration Service that he was sitting at a café when the person from the village spotted
him in Rangpur, whereas he had stated before the Board that he was recognized by a village
citizen who was sitting in a tea-house, while he was in the street. Based on an overall
assessment, the majority of the Board found that the author had failed to render his grounds
for asylum credible. It concluded that the author would not be at a real risk of persecution
under section 7 (1), or abuse falling within section 7 (2), of the Aliens Act if he returned to
his country of origin. For those reasons, the Board upheld the decision of the Immigration
Service
4.4
On 12 April 2013, the author requested the reopening of the asylum proceedings. As
a reason for reopening them, he submitted that it appeared from the decision of the Board
that it had not considered the fact that he was a homosexual. The author claimed that he
would risk persecution simply because of his sexual orientation, regardless of whether he
had had a homosexual relationship or not. He also objected to a wrongful assessment of his
credibility, arguing that crops in paddy fields could be so tall that a person could hide there.
On 19 September 2014, the Board ruled on three documents produced by the author
(annexes A, B and C to his request for the reopening of the asylum procedure), which were
also provided to the Committee, and found that no new information rendered the risk of
persecution probable or substantiated if the author returned to Bangladesh. The State party
observes that the author did not provide any new information to the Committee that would
justify a revision of its assessment of the author’s case by the authorities in the State party.
The State party further submits that even when a person makes consistent statements, they
are not necessarily true and cannot necessarily be considered as facts when their content is
unlikely and do not seem to reflect a personal experience.
4.5
In that connection, the State party observes that the author’s educational and
personal skills enabled him to repeat the same narration several times without any essential
discrepancies. It further argues that the author’s statement alleging that the Immigration
Service and the Refugee Appeals Board based their decisions on the fact of his
homosexuality is suspicious, insofar as in none of the decisions was it concluded that it
could be assumed that the author was homosexual. The State party observes that the author
consistently stated that his homosexual relationship with his friend Tuhin had been
discovered; that he had therefore been subjected to abuse and persecution prior to his
departure; and that he feared that he would again be subjected to treatment falling within
12
Approximately $7,638.
5