CAT/C/60/D/677/2015 known, the village imam reported the complainant to the police in Ghazni. 2 Subsequently, the complainant fled his village and, with the Iranian man’s assistance, he was smuggled out of Afghanistan. 2.2 On an unspecified date, the complainant arrived in Sweden, and on 21 May 2013 he applied for asylum.3 On 30 September 2013, the Swedish Migration Agency rejected his application. The Agency found that the complainant’s allegations lacked credibility, in particular those related to the distribution of biblical pamphlets and DVDs and to his departure from Afghanistan. The Agency concluded that the complainant would not be at risk of being subjected to ill-treatment on account of his faith or ethnic group if returned to Afghanistan, and that “an internal refuge in the cities of Kabul, Mazar-e-Sharif or Heral would be available to the complainant”. 2.3 Although the complainant had claimed to be 17 years old when he applied for asylum, the Agency, after several interviews with him, had found grounds to question his age. Therefore, a dental X-ray had been taken, which had determined that the complainant was at least 19.2 years old. However, there was a 16-per-cent chance, according to the test, that the complainant was under 18.2 years of age. The complainant had submitted an Afghan identity document, according to which he had been born on 1 Jawza 1375 (21 May A.D. 1996). The document had been issued on 28 Sunbula 1388 (19 September A.D. 2009) when the complainant had sought hospital care.4 However, the Agency considered that the document was “of a very simple nature and had low probative value”. 2.4 On 10 December 2013, the Stockholm Migration Court quashed the decision of the Agency. The Court considered that, while the complainant had not plausibly demonstrated his age, the Agency had not investigated thoroughly enough to conclude with a probability of 95 per cent that he was an adult. The complainant’s dental X-ray was deemed insufficient in that regard; a skeletal X-ray was also considered necessary. The case was therefore referred back to the Agency. 2.5 On 22 January 2014, the complainant informed the Agency that he had converted to Christianity and attached a baptism certificate dated 6 December 2013 and a membership certificate from the Church of Jesus Christ of Latter-day Saints (also known as the Mormon Church). 2.6 On 7 May 2014, the Agency again rejected the complainant’s application. The Agency found that the complainant’s description of his reasons for converting to Christianity was very vague and that, despite being a literate man, he was unable to identify any difference between the two religions or to compare how he lived as a Christian with how he had lived as a Muslim. The Agency therefore concluded that his conversion had not been for genuine religious reasons, but formed part of an attempt to obtain a residence permit. The Agency also considered that there was no reason to suggest that the complainant’s conversion had been brought to the attention of the Afghan authorities or that he would otherwise face a risk of religious persecution upon return. While noting that the complainant’s province in Afghanistan was affected by an internal armed conflict, the Agency concluded that the complainant had not demonstrated the existence of an individual threat in his home village. With regard to the determination of the complainant’s age, the Agency requested X-rays of the complainant’s wrists from the Västmanland County 2 3 4 2 According to the decision of the Swedish Migration Agency dated 30 September 2013, when the complainant had returned to his village, his close friend had come to his house and informed him that villagers had gathered in the mosque; the imam, who was related to the complainant, had stated that what the complainant had done was insulting to Islam and that he had to be captured and punished. The complainant had then travelled to Kabul and asked Ramin (the Iranian man who had contacted him) to go to Jangalak to explain that the complainant was working for him. Ramin had “sent some people to Jangalak to find out what was happening”. Those people had informed the complainant that “someone with the same name as the complainant’s father had been taken away by local authorities and that the situation was not good”. Ramin had then taken the complainant to a smuggler and paid for him to be “taken to a safe place”. According to the decision of the Swedish Migration Agency dated 30 September 2013, the complainant had travelled for six months before arriving in Sweden. According to the decision of the Swedish Migration Agency dated 30 September 2013.

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