The author’s father was the representative of people in Daykundi province in Afghanistan, who delivered public speeches to the communities. Due to the applicant’s father activity, the family had to flee from Afghanistan to Iran, as far as applicant’s father was in danger. The applicant grew up in Iran, where his family still lives illegally, except for applicant’s brother N, who received an asylum in 2015. Thus, the applicant also came to Denmark and applied for asylum. The author converted to the Christianity and attended Lutheran Mission College.
The Danish authorities denied arguments of the author H.H. for asylum as conversion and fear of consequences caused by his father’s problems with the Taliban, and took a decision on the author’s deportation to Afghanistan.
H.H. presented communication to the UN Committee against Torture (CAT) v. Denmark on violation of article 3 CAT, arguing following:
– due to the fight with his family (his father’s problems) the author appeared in Iran, where he could already be considered as a refugee. Since the author even tried to go to Afghanistan, he faced a dangerous situation;
– due to author’s conversion/baptism in Denmark, he needs international protection against deportation to Afghanistan due to his new Sur Place asylum motive;
– due to author’s westernization (no longer visiting mosque or fasting during Ramadan) the author can be questioned with the use of violence/torture in case of authour’s deportation to Afghanistan. The Taliban are against a young man like the applicant, both his dress, demeanor and mindset. In Afghanistan, he might call attention.
The author could stay in Denmark while his complaint is under consideration by the UN Committee.
In January 2023, the Government of Denmark decided to grant the author a residence permit and addressed to the Committee to close the case.
13. July 2023