Criticism of the Refugee Board’s decision

Concerning Mr. M.K.H (represented by Helle Holm Thomsen) vs Denmark for violation of article 7 of CCPR.

The author is from Bengal and was involved in homosexual activities with a childhood friend. When the author and his partner were caught, they were beaten and tortured. They were expelled from their families and their village and were also threatened to be killed if they returned. When the author’s partner tried to return to their village, he was killed. Thus the author fled to Denmark and applied for asylum.

The author explained to the Danish Immigration Service (DIS) that he is 17 years old and that he is thus a minor. The DIS rejected his application for asylum as they found his claim to be unreliable. The Refugee Appeals Board (RAB) upheld this decision. The author then applied to reopen the case and submitted new documents in support of his claim. One of which was a birth certificate stating that he was born 21 December 1994 and thus was a minor. The RAB refused to reopen the case. Consequently, a complaint was sent to CCPR.

In its decision, the Committee expressed criticism of the Refugee Board’s decision. Among other factors, the Committee noted that the state party did not give due weight to the evidence that the author had submitted. The Committee decided that the deportation to Bangladesh would be a breach of the author’s right under CCPR. The Refugee Board received the opinion on 29 September 2016 and decided to resume consideration of the case at a new Board hearing.

24. March 2020

CCPR 2462/2014
  • Decision: 12. July 2016
  • Comm: Human Rights