Minor seeking asylum with his brother

Concerning Z.S. and M.S. vs. Denmark – violations of art. 6, 7, 13, 14 and 26 of CCPR:
Denmark was filed an initial complain against a deportation order to him and his younger brothers country of origin, Afghanistan, December 12 2014 by the Danish Refugee Appeal Board in violation of CCPR article 6 , 7, 13, 14 and 26. There was also asked for interim measures.

Entering Denmark with his younger brother in November the 2nd, 2010, the complainant applied for asylum. The complainant is a Hazara afghan citizen from Qarcha in Ghazni province, but as a child the family fled to Iran and lived illegally. The authors’ younger brother was born in Iran.

His parents left Afghanistan as a result of an incidence that occurred within the family of their father. The author’s father sister was about to get married to a man who he didn’t agree on, however when the father finally agreed on his sisters marriage, he later on finds out that his sister is to be stoned to death due to a claim of fornication. With a friend, the father went to his sisters’ husband and shot him and another man too who turned out to belong to the Taliban.
Consequently, since their father had killed an individual and also one of the Taliban, the rest of his family had to flee Afghanistan to Iran. The author and his brother then lived in Iran with their parents and siblings, who are still in Iran.
He has been through a great deal of European – Greece and Hungary – countries before entering Denmark – but both brothers didn’t get their fingerprints taken in Greece, since they both were under the age of 18 although – without any legal documents. Both brothers applied for asylum in Sweden in 2010, but due the Dublin agreement, they were sent back to Denmark in February in 2011. The author has no family or relatives in Denmark.

The author belongs to the Shia Muslim faith, but converted to Christianity and baptised in July 2014 by the Apostle church. The certificate of Baptism was forwarded to the refugee Board and Counsel asked for the reopening of his asylum case; however this was rejected in November 2014. As a connection to that, the author fears the risk of persecution, torture and being killed in Afghanistan due to his conversion, as this is a violation of the Islamic rules of his country of origin.
The brothers’ cases have had great media coverage inn Danish media and in this case also the authors’ conversion.

The majority of Danish Refugee Board members during the Board hearing rejected his Conversion and he was thus asked to leave Denmark, on September 2012. The authors consular then applied for a reopening of the asylum case both o July and November of 2014, but the Danish Refugee Board rejected a reopening of the case.
However this case was reviewed on January 2015, when an application and protest was sent to the headman of the Refugee Board from the bishop and deans on December 2014 and once again by the author’s counsellor on January 2015 for the reopening of the authors’ asylum case and the cancellation of the brother’s deportation.

The author was awarded Refugee Status in Denmark on march 2015, after reconsidering the asylum seekers situation hence the immigration law § 7, stk. 1 saying that no one is to be sent back to a country where the risk and fear of persecution is high.
The author’s younger brother’s received a residency permit as an unaccompanied minor for one year.

11. May 2017

CCPR 2488/2014
  • Decision: 11. August 2016
  • Comm: Human Rights