CEDAW/C/69/D/85/2015
7.3 The author disagrees with the State party’s assessment that her situation is not
comparable to that of the complainant in R.H. v. Sweden, or to the individuals
concerned in any of the cases that the Board decided to reopen on the basis of that
judgment. 21 She argues, therefore, that the decision not to reopen her case is in
violation of article 3 of the European Convention and the Convention.
7.4 The author submits that the security situation in Mogadishu has worsened since
the Board’s decision of 8 April 2015 and that, as a single mother with a small child,
she has no male network to support her on her return to Somalia.
State party’s further observations
8.1 On 11 April 2017, the State party submitted that the author ’s comments on its
additional observations did not provide any new and specific information on her case
and that, therefore, it relied on the Refugee Appeal Board’s decision and on its earlier
observations of 23 October 2015 and 15 November 2016. Regarding the author ’s
statement on her grounds for being granted asylum and the alleged conflicts in
Somalia, the State party refers to its observations of 23 October 2015. As to the
author’s submission on the judgment of the European Court of Human Rights in
R.H. v. Sweden, the State party refers to its observations of 15 November 2016. In
addition, the State party observes that it has previously cons idered the author’s
argument that her case should be reopened in the light of the aforementioned
judgment, and that it also considered the author’s family ties, including whether she
can be considered a single woman.
8.2 With regard to the review of the author’s case (see para. 7.2), the State party
clarifies that the Board did not reopen the case, but rather perused her case documents
in the light of her reference to the judgment in R.H. v. Sweden in the context of the
present communication.
8.3 With regard to the author’s argument that the absence of any explicit reference
to the Convention in the Board’s decision of 8 April 2015 means that it failed to
consider the Convention’s applicability in her case, the State party observes that it
has taken into account the submission made by the author’s counsel in the present
communication and in connection with a number of other communications from
individuals who are represented by him. The State party refers in this respect to its
observations of 15 November 2016. As to the Board’s compliance with international
obligations, reference is made to the State party’s observations of 23 October 2015
and to the Committee’s decision on admissibility in K.S. v. Denmark. 22 The State party
also refers to the Board’s website (www.fln.dk), which contains references to the
statutes and legislative provisions relevant to the Board ’s activities, including
reference to the Convention.
8.4 The State party further observes that the general situation in Somalia, including
that of women, is not such that all returnees risk abuse falling within the meaning of
section 7 (2) of the Aliens Act. In that respect, the State party refers to the judgment
of the European Court of Human Rights in R.H. v. Sweden and the most recent
background information, 23 according to which Buulobarde, in the Hiraan region of
Somalia, which the author has stated is her home town, is under the control of
AMISOM.
8.5 The State party maintains that the author has failed to establish a prima facie
case for the purpose of admissibility under article 4 (2) (c) of the Optional Protocol
__________________
21
22
23
18-06600
Reference is made to communication No. 93/2015, K.I.A. v. Denmark.
CEDAW/C/64/D/64/2013, para. 9.7.
Denmark, Danish Immigration Service, and Danish Refugee Council, “South and central
Somalia: security situation, Al-Shabaab presence, and target groups” (Copenhagen, March 2017).
11/14
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