CEDAW/C/73/D/86/2015
and on the basis of lack of substantiation. 16 Apart from the author’s contentions, the
Refugee Appeals Board also found the arrest warrant against the author, on which
grounds she requested the reopening of her case, to be fabricated for the occasion,
given the circumstances of how the author came into possession of the doc ument. The
Committee notes in that respect that, on the basis of the assessment of the author ’s
credibility, the Board did not find it necessary to request verification of the
authenticity of the document.
8.4 In that connection, the Committee recalls that it is generally for the authorities
of States parties to the Convention to evaluate the facts and evidence and the
application of national law in a particular case, 17 unless it can be established that the
evaluation was biased or based on gender stereotyp es that constitute discrimination
against women, was clearly arbitrary or amounted to a denial of justice. The issue
before the Committee is therefore whether there was any irregularity and arbitrariness
in the decision-making process regarding the author’s asylum application to the extent
that the State party authorities failed to properly assess the risk of serious gender based violence in the event of the return of the author and her daughters to Jordan.
The Committee reiterates that, in carrying out their assessment, States parties should
give sufficient weight to the real and personal risk that a person might face if
deported.
8.5 In the present case, the Committee considers that it was incumbent upon the
State party to undertake an individualized assessment of the real, personal and
foreseeable risk that the author would face, as a woman who has knowingly
abandoned her violent husband and fled Jordan with their two minor daughters who
were at risk of forced marriage there, rather than relying exclusivel y on a number of
inconsistent statements and the inferred non-credibility of the author. In that
connection, the Committee recalls its concluding observations on the sixth periodic
report of Jordan (CEDAW/C/JOR/CO/6), issued in 2017, in which it expressed
concern about the persistence of deep-rooted discriminatory stereotypes concerning
the roles and responsibilities of women and men in the family and in society, which
overemphasized the traditional role of women as mothers and wives, thereby
undermining women’s social status, autonomy, educational opportunities and
professional careers. In the concluding observations, it also noted with concern that
patriarchal attitudes were on the rise within State authorities and society and that
gender equality was being openly and increasingly challenged by conservative
groups. Those observations are particularly relevant not only to the assessment of the
risks that the author herself would allegedly face upon her r eturn to Jordan, but also
in relation to the assessment of risks that her daughters would face, namely, forced
marriage. In that respect, the Committee notes that the latter claim, in relation to the
author’s daughters, does not seem to have been given any specific consideration by
the Refugee Appeals Board or other authority.
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16
17
19-15427
In considering the author’s statement that she was being kept under permanent surveillance in
Jordan, the asylum authorities found it to be unlikely that, had that been the case, the author ’s
spouse would have allowed her to travel unaccompanied to another country with their daughters,
especially given that one of them was about to be married. Taking into account that the author,
according to her own statement, had lived together with her husband ’s family in Jordan, the
asylum authorities also found it implausible that she had only managed to gain the consent of her
husband by telling him that their children were too young to take care of themselves and that no
one else could look after them. Furthermore, the State party found the author ’s statements
regarding her husband’s illegal activities and her alleged involvement in such activities, as well
as the killing of her cousin, to be non-credible. The author’s explanation for not bringing that
important information to the knowledge of the asylum authorities in her initial complaint or
during the subsequent interviews was also deemed to be non-credible.
See, for example, R.P.B. v. Philippines (CEDAW/C/57/D/34/2011), para. 7.5.
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