CCPR/C/119/D/2338/2014
after he was notified on 30 October 2013 that his request to reopen his asylum case had
been rejected.21
4.6
The State party indicates that the Refugee Appeals Board made a comprehensive
and thorough examination of the evidence submitted by the author. It considers that he is
trying to use the Committee as an appellate body to have the factual circumstances of his
asylum application reassessed. The State party submits that the Committee must give
considerable weight to the Board’s findings, as the Board is better placed to assess the facts
in the author’s case. The State party recalls that the Board considered that, upon an overall
assessment, there was no basis for assuming that the author’s conversion to Christianity
was genuine. The State party further indicates that the assessment complied with UNHCR
guidelines,22 as it took into account the author’s statement on his religious beliefs and the
other circumstances of the case, 23 including the fact that the Board had previously
considered that the author lacked credibility.
4.7
The State party submits that Refugee Appeals Board’s decisions of 31 January 2013,
30 October 2013 and 16 January 2014 were taken after a thorough review of the author’s
claims, the evidence he submitted, and in accordance with domestic legislation. Regarding
the author’s allegation that a key testimony confirming that his conversion was genuine had
been unfairly rejected by the Board, the State party considers that there was no basis to
allow the author’s friend to testify before the Board, as he had provided a written statement
that was duly taken into account by the Board in the review of the author’s case.
4.8
The State party further indicates that the Board has included all the relevant
information in its decisions and submits that the author has not provided any additional
submissions to the Committee rendering it probable that his rights under articles 6 and 7 of
the Covenant may be violated. Regarding the author’s submission to the Committee that he
fears being forced to perform his military service, the State party indicates that the military
service in Afghanistan is not compulsory, as the Afghan army is made up of volunteers. 24
Furthermore, concerning the author’s allegation that he fears being forcibly recruited by the
Taliban, the State party submits that according to the available background information, in
particular a report from the Danish Immigration Service, there is no evidence on the
Taliban forcibly recruiting young men, as most people join the Taliban voluntarily. 25 The
State party also indicates that the author’s statement that he is a young man of Tajik origin
from Mazar-e-Sharif cannot justify asylum by itself. Therefore, it considers that there is no
basis on which to dispute the Refugee Appeals Board’s assessment on these matters.
21
22
23
24
25
6
See paras. 2.4-2.5 above.
UNHCR, “Guidelines on international protection: religion-based refugee claims under article 1A(2)
of the 1951 Convention and/or the 1967 Protocol relating to the Status of Refugees” (2004). Available
at www.refworld.org/docid/4090f9794.html.
The State party refers to paragraph 34 of the UNHCR guidelines on international protection, which
establish the following:
Where individuals convert after their departure from the country of origin, this may have the
effect of creating a sur place claim. In such situations, particular credibility concerns tend to arise
and a rigorous and in depth examination of the circumstances and genuineness of the conversion
will be necessary. Issues which the decision-maker will need to assess include the nature of and
connection between any religious convictions held in the country of origin and those now held,
any disaffection with the religion held in the country of origin, for instance, because of its
position on gender issues or sexual orientation, how the claimant came to know about the new
religion in the country of asylum, his or her experience of this religion, his or her mental state and
the existence of corroborating evidence regarding involvement in and membership of the new
religion.
The State party refers to a country of origin information report on Afghanistan published by the
United Kingdom of Great Britain and Northern Ireland Border Agency, Home Office (15 February
2013), p. 117. Available at
www.justice.gov/sites/default/files/eoir/legacy/2013/11/26/afghanistan_reissue.pdf.
Danish Immigration Service, “Country of origin information for use in the asylum determination
process” (May 2012), p. 26. Available at www.nyidanmark.dk/NR/rdonlyres/3FD55632-770B-48B6935C-827E83C18AD8/0/FFMrapportenAFGHANISTAN2012Final.pdf.