CAT/C/61/D/625/2014
Assessing the International Protection Needs of Members of Religious Minorities from
Pakistan”, which includes Christians among potential groups at risk.9
State party’s observations on admissibility and the merits
4.1
On 26 February 2015, the State party submitted its observations on admissibility and
the merits of the complaint. It maintains that the complaint is manifestly unfounded and
therefore inadmissible. Should the Committee find that the complainant’s allegations are
admissible, the State party submits that there is no supported evidence or substantial
grounds for believing that the complainant would be in danger of being tortured if returned
to Pakistan.
4.2
The State party describes the structure and composition of the Board. The Board’s
activities are based on section 53a of the Aliens Act, according to which it addresses all the
decisions of the Immigration Service that are appealed, unless the applications are
considered manifestly unfounded. The Board is an independent, quasi-judicial body and is
considered a court within the meaning of article 39 of the Council of the European Union
Directive on minimum standards on procedures in Member States for granting and
withdrawing refugee status (2005/85/EC). Under the Aliens Act, the Board members are
independent and cannot seek directions from the appointing or nominating authorities. The
Board’s decisions are final. Aliens may, however, lodge an appeal before the ordinary
courts, which can adjudicate on any matter concerning the limits of a public authority’s
competence. As established by the Supreme Court, the ordinary courts’ review of decisions
by the Board is limited to points of law; the Board’s assessment of evidence is not subject
to review.
4.3
The State party also describes the proceedings before the Board. Those proceedings
are oral. The Board may, if needed, assign a legal counsel to the asylum seeker free of
charge. The decisions of the Board are made on the basis of an individual and specific
assessment of the relevant case, and the asylum seeker’s statements regarding his grounds
for asylum are assessed in the light of all relevant evidence, including what is known about
the conditions in his country of origin. In this connection, the State party attests that the
Board has a comprehensive collection of general background material on the situation in
countries from which Denmark receives asylum seekers, including information from the
Office of the United Nations High Commissioner for Refugees, the Ministry of Foreign
Affairs of Denmark, the Country of Origin Information Division of the Danish Immigration
Service, the Danish Refugee Council and other reliable sources.
4.4
As regards the legal basis on which asylum is granted, the State party indicates that,
pursuant to section 7 (1) of the Aliens Act, a residence permit will be issued to an alien if
he or she falls within the definition of a refugee outlined in the Convention relating to the
Status of Refugees. Pursuant to section 7 (2) of the Aliens Act, a residence permit will be
issued if an asylum seeker risks the death penalty or being subjected to torture or inhuman
or degrading treatment or punishment in case of return to his or her country of origin. In
addition, according to section 31 (2) of the Aliens Act, no alien may be returned to a
country where he or she will face persecution in the terms established in the Convention.
4.5
The State party indicates that the fact that an asylum seeker has been subjected to
torture or ill-treatment in his country of origin may be an essential point in the assessment
made by the Board of whether the conditions required by section 7 (1) of the Aliens Act are
met. However, according to the Board’s case law, the conditions for granting asylum
cannot be considered satisfied in all cases where an asylum seeker has been subjected to
torture in his country of origin. The State party refers to A.A.C. v. Sweden, in which the
Committee considered that previous experience of torture is only one consideration in
determining whether a person faces a personal risk of torture upon return to his country of
origin, and that it must consider whether or not the torture occurred recently, and in
9
4
Office of the United Nations High Commissioner for Refugees (UNHCR), UNHCR Eligibility
Guidelines for Assessing the International Protection Needs of Members of Religious Minorities from
Pakistan, 14 May 2012. Available at www.refworld.org/docid/4fb0ec662.html.