Concerning F.M. vs Denmark for violation of articles 6 and 7 of the CCPR.
The author, F.M., is in risk of deportation to Afghanistan. His family fled Afghanistan to Iran, where the author was born. The author and his younger brother lost contact with the rest of the family when they were in a separate boat to Greece. They were arrested in Denmark, where his younger brother was granted asylum as a minor. On 17 July 2016, the author’s asylum application was rejected by the Danish Immigration Service, and on 5 January 2017 the decision was upheld by the Refugee Board.
In support of his case he states that he was born outside of Afghanistan and has never been there, is young, lacks familiarity with the languages and traditions of Afghanistan, has no family or other social networks in that country, and his younger brother is legally resident in Denmark as a minor. He does not have a firm belief in Islam and has a tattoo of a cross on his arm and feels sympathy for Christianity.
The State Party notes that the author admitted that his religious practice was not “strong”, he nevertheless practices Islam and has never converted to Christianity.
The Committee is of the view that the author has failed to sufficiently substantiate why he believes there are a violation of article 6 and article 7 of the Covenant, if he is deported to Afghanistan. The Committee therefore decides that the case is inadmissible.
8. July 2021