Residence permit withdrawn then given back after attention from UN

Concerning A.M.H. vs. Denmark for violation of article 6 and 7 of CCPR.

Author is born May 5, 1992 in Somalia, ethnic Hawiye from Galgudud province and Muslim of faith.

As a motivation for asylum, he has stated that, on returning to Somalia, he fears that he will be detained and killed by Al-Shabaab as he had fled from AI-Shabaab.

He explains that AI-Shabaab visited the family’s residence on 10 December 2012 and requested A.M.H. to join them. When he refused Al-Shabaab shot and killed the author’s father while taking the author to prison. Here he was detained with 12 other young men and after three days, they managed to escape. The next day, the author heard that there had been two persons from Al-Shabaab asking for him. The author got scared and fled the country. The author entered Denmark on 3 January 2013 and applied for asylum on the same day. On 20 June 2013, the Immigration Service granted a temporary residence permit with effect until June 20, 2018.

On September 12, 2017, the Danish Immigration Service decided to withdraw the author’s residence permit, and the Refugee Board upheld the Immigration Service’s decision. At the same time, the Board instructed the author to leave no later than one month from the decision date. The Board explains in their decision that they are of the view that it was incorrect to give the author temporary residence permit in the first place. The author’s lawyer then brought the case before the CCPR and they accepted the case. The Refugee Board then decided to resume the case for consideration, and on October 18, 2019, the Refugee Board decided to annul the recent decisions so that the author continues to have a residence permit. The Refugee Board and the Immigration Service notes that they now believe in the authors’ explanation of his individual contradiction to al-Shabaab. They also notes that al-Shabaab is in control of the author’s home area and therefore the State parties cannot refuse that the applicant for a return to Somalia will be in asylum-based opposition to Al-Shabab.

17. December 2019

CCPR 3282/2019
  • Decision: 18. October 2019
  • Comm: Human Rights