Family reunification in Australia case

Concerning Mr. A.B.M vs Denmark for the violation of articles 6 or 7 of CCPR. 

The author fears the return to Afghanistan because the Taliban are mainly Pashtun Sunni Muslims but his family and him are Hazaras.

The author left his wife and children in Pakistan with his parents in 2001 and travelled to Greece. In Greece he got a residence permit, but his application for family reunification was rejected in 2008. He then travelled to Denmark in 2010 and applied for asylum, hoping that Denmark would allow him family reunification. The author’s family who was still staying in Pakistan, had lost faith in the author after having waited for more than ten years. He then left Denmark to join his family in Pakistan, but before he made it, his family had been invited as refugees in Australia. 

The author was baptised in November 2013. Consequently the author also risks persecution due to his conversion in Denmark. Even though the author stated his fear of punishment for apostasy if returned to Afghanistan the majority of Board members rejected his asylum claim. Since the author has been living in the western world for more than 10 years, he risks being perceived as being contrary to Islamic rules, and to be supportive of the Government and/or the international community. Since he is of the “fighting age” he also risks being forced to fight either for the Afghan government or the Taliban. Thus a complaint was sent to CCPR. The author’s spouse is presently working on family reunification.

30. April 2020

CCPR 2472/2014
Comm: Human Rights