CCPR/C/126/D/2346/2014
conversion and had told only a few friends. The author’s conversion is rumoured among
Muslims and he and his friend3 had experienced religious harassment at the asylum centre
and had been called infidels by other asylum seekers.
2.11 A certificate of baptism issued by the Kronborgvejens Church Centre was enclosed
with the request to reopen the author’s asylum proceedings, as well as a document allegedly
proving that the author was an Iranian national. The Danish Refugee Council further
submitted that, in its opinion, the author met the conditions for being granted a residence
permit under section 7 (1) of the Aliens Act. In that respect, the Council referred to the
previous decisions of the Refugee Appeals Board in cases concerning Christian converts from
Afghanistan, stating that, although it had not yet been established at that time whether the
Afghan or Iranian authorities had learned about the author’s conversion, it could not be ruled
out that there was a risk that they would learn about the author’s conversion if he was
deported to Afghanistan or the Islamic Republic of Iran. According to the Council, it would
be difficult for the author, having converted to Christianity, to conceal his new affiliation if
he was removed to either country. Moreover, because he would be returning from a European
country, his behaviour would attract more attention among the local population, so that even
the smallest non-compliance with religions norms and principles would leave the author in a
particularly vulnerable situation. The Council additionally submitted that, according to
previous decisions made by the Board in cases involving Christian converts, the author could
not be required to hide his religious beliefs to avoid problems in his country of origin.
2.12 The Refugee Appeals Board had a translation made of the document enclosed with
the Council’s letter of 11 December 2013. It appeared from the translation that it was an
identity certificate issued by the National Population Register of the Islamic Republic of Iran
concerning E.H., born on 30 June 1996 in Tehran. The parents were Y. and K., both Afghan
nationals. It also appeared that this birth certificate had allegedly been issued on 9 July 1996.
The Board requested the Council by email of 9 January 2014 to submit any comments on the
translation of the document. By email of 16 January 2014, the Council stated that the author
had mentioned that H., the surname written in the document, was the family name of his
mother’s new husband, but that he had been registered in Denmark with the name of K.,
which was his father’s surname.
2.13 By email of 30 January 2014, the Danish Refugee Council forwarded additional
material to the Refugee Appeals Board in the form of a memorandum, dated 5 December
2013, written by a minister of the Kronborgvejens Church Centre, which stated that the author
had regularly attended church services and that he had been coming to this church since 6
January 2013.
2.14 On 6 February 2014, the author was notified that the request to reopen the asylum
proceedings had been refused. The Refugee Appeals Board referred to section 40 (1) of the
Aliens Act, pursuant to which an asylum seeker must provide the information necessary to
assess whether a residence permit could be granted pursuant to the Act. Hence, an alien who
applied for a residence permit under section 7 of the Aliens Act must substantiate his identity
and the grounds for asylum invoked by the alien. The Board also observed that the author
had not provided any explanation as to why he now stated that he was an Iranian national,
whereas he had previously stated during the asylum proceedings that he was an Afghan
national. As regards the documents produced by the author in connection with the request to
reopen the case, the Board observed that in view of their form and contents and the time of
their production they seemed fabricated for the occasion and the Board could therefore not
attach any evidential weight to those documents. It also observed that the documents did not
appear to provide any information substantiating the claim that the person referred to in the
documents was an Iranian national. Moreover, the relevant person was called E.H. not E.K.
On those grounds, the Board still considered it a fact that the author was an Afghan national.
2.15 The Refugee Appeals Board also found that, in the event of his removal to
Afghanistan, the author would not be at any risk of persecution falling within section 7 (1)
of the Aliens Act owing to his conversion, because the Board could not accept as a fact that
the author’s conversion was genuine. The Board observed in that respect that, during the
3
4
The name of the friend is available on file.