CAT/C/47/D/365/2008 6.8 The complainants applied for an extension of their temporary residence permits. Their applications were rejected by the Migration Board on 30 May and 13 June 2007 respectively. The Board considered that the circumstances presented by the complainants could not be considered as lasting impediments to the enforcement of the expulsion orders. 6.9 In an application of 14 June 2007, the first complainant requested to be granted a residence permit, stating that he had settled down in Sweden and his entire family was here. He was a Shia Muslim and hence particularly vulnerable in Afghanistan. Upon return he would be forced to join the army. On 21 June 2007, the Migration Board rejected the application. The first complainant appealed against the decision to the Migration Court. The appeal was rejected on 6 July 2007 on grounds that the individual circumstances stated by the complainant had already been examined. Even considering the situation in Afghanistan, no new circumstances had been brought forward that could be considered as lasting impediments to the enforcement of the expulsion order. 6.10 In subsequent applications, the complainants again requested, through their legal counsel, that they be granted residence permits, maintaining their previous claims and adding that they originate from Kandahar, which is a very dangerous place. There was also a clear risk that they would be forced to perform military service or to join militia forces. It had been argued that their mother suffered from senile dementia because of her sons’ problems in obtaining residence permits. The second applicant also added that he had undergone a knee surgery and had still not completely recovered. He was likely to need further surgery which he could not get in Afghanistan. The Migration Board rejected the applications on 25 September 2007. 6.11 In applications submitted on 18 January 2008, the complainants reiterated their previous claims and added that the second complainant suffers from depression as documented by a medical report attached to their applications. They also referred to their adaptation to Sweden and the general situation in Afghanistan, and maintained that they would not be let into Afghanistan, should their expulsion be enforced. On 30 January 2008, the Migration Board rejected their applications and decided not to re-examine them. It noted that the scope of taking into account medical obstacles or adaptation to Sweden is very limited and shall only apply in exceptional situations. The Board considered that a return to Kandahar province in the south of Afghanistan was not possible at that moment, however it was reasonable to demand that the complainants seek protection internally, for example in Kabul. Although the situation in Kabul was difficult with regard to maintenance and housing, the investigation did not show anything other than that the complainants would be received in Afghanistan and that they had the right to apply for work in Kabul. The complainants appealed against this decision to the Migration Court, claiming that there was a political impediment to the enforcement of the expulsion orders, namely the Migration Board’s general decision not to expel persons originating from the south of Afghanistan. 6.12 On 6 March 2008, the Migration Court decided to grant a re-examination of the matter of residence permits and therefore remitted the matter to the Migration Board. The Court found that the situation in Kandahar province constituted an impediment to the enforcement of expulsion orders to that particular province. On 13 March 2008, the Migration Board decided to stay the enforcement of the expulsion orders regarding the complainants. 6.13 The Migration Board held supplementary interviews with the complainants on 3 September 2008. The complainants claimed that they do not know anyone in Afghanistan and they do not know where to turn. They would be hungry, with no work or place to live. To survive they would perhaps have to participate in the armed conflict or to sell drugs. They do not speak the language of Afghanistan. They speak Dari, but they speak the dialect used in the Islamic Republic of Iran. Due to this, they would risk being killed. They also 7