CAT/C/55/D/555/2013
Refugees, Amnesty International and Human Rights Watch. The Board is also legally
obligated to take into account the international obligations of Denmark 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 offered to asylum seekers under, inter alia, the Convention against Torture, the
European Convention on Human Rights, and the International Covenant on Civil and
Political Rights. The memorandums form part of the basis of the decisions made by the
Board, and are continually updated.
4.4
The State party adds to the factual background of the communication and points to
several inconsistencies and deficiencies in the information the complainant provided during
asylum proceedings.5 The State party considers that on 1 and 6 July 2011, the complainant
stated that he was of Uighur ethnicity, whereas during his second interview with the Danish
Immigration Service on 4 May 2013, he stated that he was of Han ethnicity. During the
latter interview, the complainant’s attention was drawn to this inconsistency. He responded
that that was a mistake and that he was of Han ethnicity. During the same interview, the
complainant stated that he was born in an unknown port in China and had moved to the city
of Urumqi at the age of five. When asked in which province Urumqi is located, the
complainant said that he had heard that it was located in Tibet. However, he had also heard
that it was located in Xinjiang, but he was not sure. The complainant provided the street
address at which he lived in Urumqi, but did not remember any monuments or public
buildings in Urumqi. He was “subsequently unwilling to assist further in bringing out the
facts of the case”. The Refugee Appeals Board decision indicates that an interpreter was
used during both interviews with the Danish Immigration Service. According to the Danish
Immigration Service report on the first interview in 2011, the complainant “was asked
whether there had been any language problems during the interview, and he replied in the
negative. The interview report was translated by the interpreter and reviewed with the
applicant”. According to the Danish Immigration Service report on the second interview in
2013, “the applicant was told to speak out immediately if he had any problems
understanding the interpreter”. According to the report, at the conclusion of the interview,
“the applicant stated that he had understood everything that the interpreter had said at
today’s interview”.
4.5
The State party also observes that the complainant entered Denmark in mid-2010,
but did not apply for asylum until 27 June 2011, when he was stopped and arrested by the
police at a festival. During asylum proceedings, the complainant explained that he had not
applied for asylum upon arrival in Denmark because he did not know what asylum was, and
because he just wanted to be comfortable and earn a little money. On 8 July 2011, the
Danish Immigration Service recommended to the Danish Refugee Council that the asylum
application should be denied and processed in accordance with the statutory procedure for
manifestly unfounded cases. On 13 July 2011, the Danish Refugee Council observed that it
did not concur that the claim should be processed as a manifestly unfounded case. On
25 March 2013, the Danish Immigration Service denied the complainant’s asylum
application. On 11 July 2013, that decision was upheld by the Danish Refugee Board, on
the basis of written evidence.
4.6
During asylum proceedings, the complainant stated that after he was released from
detention, he stayed in a hospital for 15 days while his hands and feet were in bandages. He
then stayed with a taxi driver for a month to recover enough to be able to go home. He left
China one or two months after returning home. The complainant was asked whether the
5
The Refugee Appeals Board decision states that during his first interview with the Danish
Immigration Service on 6 July 2011, the complainant was invited to produce documents he deemed
important to his asylum application, but did not have anything to produce.
5