CCPR/C/125/D/2439/2014
credibility concerns tend to arise and a rigorous and in-depth examination of the
circumstances and genuineness of the conversion will be necessary”.
4.16 Having explained the elements taken into account by the Danish Refugee Appeals
Board when assessing whether a conversion should be deemed genuine, 26 the State party
points to inconsistencies in the author’s statements. In the proceedings leading to the
decision of the Danish Immigration Service, the author declared that he was of the Shia
Muslim faith and did not raise any issues about this faith or his religious affiliation. In his
asylum application form, the author replied in the negative to the question of whether
religious circumstances had contributed to his departure from his country of origin. The
brief prepared by the assigned counsel on 14 January 2013, namely, two days before the
hearing at the Refugee Appeals Board, which was based on an interview with the author,
did not mention anything about the author having developed an interest in or having
converted to Christianity. On the contrary, when presenting his statement of claim, the
counsel submitted that the author was of the Shia Muslim faith. It was only at the Board
hearing that the author declared that he had abandoned Islam following his departure from
the Islamic Republic of Iran.
4.17 In his request to reopen his case and in his communication to the Committee, the
author further elaborated on his statements regarding his conversion and submitted further
evidence. When refusing his request to reopen proceedings, the Board took into account all
his new allegations that he had developed an interest in Christianity already in the Islamic
Republic of Iran, but had been afraid to search for more knowledge about Christianity
because doing so could be fatal; that he had not attended church services until five months
after his entry into Denmark because he did not know the language or the location of the
church; and that he had attended Bible classes for four months prior to his baptism on 16
December 2012.
4.18 The State party also draws the attention of the Committee to the fact that public
debate in Denmark in general and among asylum seekers in particular has focused
considerably on the significance of conversion, typically from Islam to Christianity, to the
outcome of an asylum case. It is therefore common knowledge among asylum seekers and
other parties within the field of asylum that information on conversion is a ground for
asylum. In paragraph 36 of the above-mentioned UNHCR Guidelines on International
Protection, it is stated, inter alia, that “so-called ‘self-serving’ activities do not create a
well-founded fear of persecution on a Convention ground in the claimant’s country of
origin, if the opportunistic nature of such activities will be apparent to all, including the
authorities there, and serious adverse consequences would not result if the person were
returned”.
4.19 As to the claim by the author that there is a significant risk that the Iranian
authorities will become aware of his conversion if he enters the Islamic Republic of Iran
without a passport and is subjected to interrogation in that connection, given that the
genuineness of the author’s conversion to Christianity cannot be accepted as a fact, there is
no risk that the Iranian authorities will become aware of it when the author enters the
Islamic Republic of Iran.
4.20 As to the documents submitted to the Refugee Appeals Board and to the Committee,
in its decisions of 16 January 2013 and 25 November 2014, the Board examined three of
the four documents that the author has submitted to the Committee 27 and three documents
that were not submitted to the Committee. The two documents submitted by the author to
26
27
8
The Danish Refugee Appeals Board makes an overall assessment of the circumstances of each asylum
case in which an asylum seeker claims to have converted, such as the moment of the conversion,
including whether the person has previously shown an interest in converting, and the asylum seeker’s
knowledge and understanding of the basic tenets, historical events and key figures of significance for
the new belief (festivals, creeds, essential scriptures). Other elements include the external
manifestation of the new faith (baptism, participation in church services or other activities, including
classes and missionary work, declarations in the media) and the question of whether the asylum
seeker has adhered to the new faith in a permanent and regular manner.
The Refugee Appeals Board did not consider the notice to appear dated 6 May 2013, but considered
three other, essentially identical, notices to appear addressed to the author.