The Urgent Deportation case

The applicant is ethnically a Hazara Shia Muslim, born in Afghanistan. During the Day of Ashoura in 2005, a special Shia religious day, the applicant helped the events by, for example, showing people where to sit in the Mosque. During the event, the Mosque was attacked by Sunni Muslims including a prominent commander. The applicant escaped, however his brother was captured and later killed. The applicant fled to Iran, but was deported back in 2009, as he was in the country illegally. Back in Afghanistan, the applicant spoke critically of the commander to a visitor in his shop, as the commander was believed to have killed the applicant’s brother. Unfortunately, it turned out that the visitor was a family member of the commander. In the following time, the applicant was followed and chased by armed men. The applicant feared for his life, and therefore fled the country on the 26th of March, 2011.

The applicant’s initial motives for seeking asylum, was a fear of the commander and his life, if he was to return to Afghanistan. The Refugee Board decided on the 17th December 2012, that the applicant could not get asylum. The decision was based on the grounds that they did not find some of his accounts credible.

The author converted to Christianity while living in Denmark. The case was requested to be reopened at the Refugee Board, based on the grounds of fear of persecution due to religion.

The applicant’s deportation date was set for the 4th of May 2015. A few days before the deportation, the Refugee Board had not responded. Therefore, a communication was sent to the UNHRC in regards to CCPR articles 6 and 7, and possibly 13 and 18. The Committee responded on the same date and requested the applicant not to be deported. Therefore, the case was reopened at the Refugee Board the following Monday, the 4th of May, also the date of the deportation.
Only about a month later, on June 15, the applicant was granted asylum as a Convention refugee, decided by the Danish Refugee Board. As the case was decided at the Refugee Board, it was discontinued at the UNHRC, however the Committee was a crucial part in stopping the deportation, without which the applicant most likely would have been deported.

9. February 2021

CCPR 2605/2015
  • Decision: 30. December 2015
  • Comm: Human Rights