CCPR/C/121/D/2419/2014
6.3
On 15 September 2016, the Refugee Appeals Board upheld its refusal to reopen the
author’s asylum request since it had found by majority that his conversion was not genuine.
The Board noted, inter alia, that the author had acquired knowledge of Christianity that was
not insignificant, but that he had only started to become better acquainted with Christianity
in March 2013, after his claim for asylum had been refused; that his familiarity with
Christianity had been limited when he was baptized in June 2013; and that his explanations
as to the motives for converting had been evasive and formulated in general terms. In that
connection, the Board considered that, in view of the significance of Islam in Afghan
society, if his conversion had been genuine, it seemed unlikely that the author would have
such general and superficial explanation about the reasons that had motivated him to
convert. The Board also found it improbably that, merely by virtue of his appearance
among many others in a video from an Iranian church in the Netherlands uploaded to
YouTube, or because other Afghan asylum seekers in Denmark had learned of his
conversion, that the author would risk persecution or serious abuse in case of his return to
Afghanistan, and that his statement that a friend on Facebook in Afghanistan had been
informed of the conversion could not lead to a different conclusion.
From the author
7.
On 23 September 2016, the author submitted that he had unsuccessfully requested
that his case be remitted to the Danish Immigration Service, since his conversion to
Christianity was a new asylum motive, which had not been examined at first instance. The
Refugee Appeals Board had also rejected without providing any explanation his request to
present a witness at the hearing. Likewise, it had rejected his request that the Danish
Ministry of Foreign Affairs conduct an investigation to determine if the documents
provided in support of his initial asylum procedure were genuine.
From the State party
8.1
On 24 October 2016, the State party referred to the decision of the Refugee Appeals
Board of 15 September 2016 and reiterated its observations on admissibility and the merits
of the communication.
8.2
With regard to the author’s claims under article 13, the State party maintains that, in
cases decided by the Danish Immigration Service or the Refugee Appeals Board in which
the asylum seeker claims that essential new information has come to light, the Board will
make an assessment of whether this new information may result in a different decision. The
Board may remit the case to the Service for re-examination. In the case at hand, the panel
examining the author’s case at the Board hearing on 15 September 2016 had been different
from the one that had considered the initial asylum request. The fact that the Board had not
made an explicit reference in its decision of 15 September 2016 to its finding that the case
should not be remitted to the Danish Immigration Service for re-examination at first
instance could not be taken to mean that the Board had failed to consider a potential
remission of the case.
8.3
The author had asked for permission to present a missionary, T.H., whom the author
had met in a church context, as a witness at the hearing before the Refugee Appeals Board.
The Board considered that the witness would only give evidence to substantiate the asylum
seeker’s general credibility as to whether his conversion was genuine or not. For that reason,
and considering the fact that the author had already produced extensive testimonies from
pastors and other persons whom he had met in a church context, the Board found that it had
not been relevant to call the missionary. Moreover, in its decision of 15 September 2016,
the Board had considered as a fact some of the author’s statements concerning his
participation in the church and his knowledge about Christianity (see paragraph 6.3 above).
The refusal by the Board to accept the witness had been made in accordance with the
second sentence of section 54 (1) of the Aliens Act and the Board’s case law.
8.4
Concerning the author’s request to assess the authenticity of the documents
produced by him concerning his initial asylum claim, the State party notes that the decision
of the Refugee Appeals Board had been based on overall assessment of, inter alia, the
nature and contents of the documents in conjunction with the prospect of whether such
verification could lead to a different assessment of the evidence, the timing and
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