CCPR/C/131/D/3069/2017
the enforcement of the author’s deportation order until further notice, and released the author
from detention.1
Factual background
2.1
The author was born in the Islamic Republic of Iran after his parents moved there
from Mazar-e-Sharif in Afghanistan. The author grew up in Mashad, Islamic Republic of
Iran, with his family.2
2.2
On 11 September 2015, the author applied for asylum in Sweden as an unaccompanied
minor.3 He alleged that he would risk suffering violence by the Taliban and Islamic State in
Iraq and the Levant (ISIL) because he is a Shia Muslim, or forcibly being recruited by ISIL
if returned to Afghanistan. On 14 September 2015, during an introductory interview, the
author stated that, if granted a residence permit, he would like to bring his parents and siblings
from the Islamic Republic of Iran to Sweden.
2.3
On 7 November 2015, the author’s parents and his younger brother also applied for
asylum in Sweden. On 2 June 2016, the author went through another oral interview on the
understanding that on that date he could no longer be considered an unaccompanied minor
as he had been reunited with his family. On 1 July 2016, before any decision was taken by
the Migration Board, the parents withdrew their asylum applications because they wanted to
return to Afghanistan to care for the author’s grandfather. The Migration Board struck out
the parents’ asylum application.
2.4
On 15 July 2016, the asylum applications of the author and his brother were rejected
by the Migration Board. As they did not have any identity documents, the Migration Board
took Mazar-e-Sharif in Afghanistan, where the parents of the author were originally from, as
their place of origin. The Migration Board found that it was unlikely that the author and his
brother would be recruited by ISIL upon their return, in view of the fact that there was no
evidence of the presence of ISIL in that region and that it usually recruited ideologically
motivated people. The Migration Board also found that bearing in mind the author’s and his
brother’s health, development and best interests in general, they should not be separated from
their parents, who had expressed their wish to return to Afghanistan. The decision was
appealed to the Migration Court.
2.5
On 23 September 2016, the parents stated before the Migration Board that they would
like to return to Afghanistan without their children, since the children would have a better
life in Sweden and they had a friend there who was willing to adopt them. When the author’s
brother was left alone in the room with the case officer, he stated that he did not want to
return to Afghanistan with his parents and then confirmed that his father had beaten both his
brother and him. Against this background, the Migration Board filed a report to Social
Services expressing concern for the children.
2.6
On 1 February 2017, the Migration Court rejected the appeal of the author. On 9
March 2017, the Migration Court of Appeal refused leave to appeal, and the decision to expel
the author became final.
2.7
On an unspecified day, the author’s father beat him severely with an electric cable.
The author reported the abuse to the police and he and his brother were separated from their
parents and brought to a centre for refugee children. After around a week, they were sent
back to live with their parents, who blamed them for reporting the assault to the police and
abused them both verbally and physically. On 30 March 2017, the district court of
Ångermanland sentenced the author’s father to four months’ imprisonment and to paying
compensation to the author and his brother for repeated physical abuse between 1 November
2015 and 18 October 2016.4 The author’s mother was also convicted for minor assault on the
boys but was only given a fine.
1
2
3
4
2
The author is still in Sweden according to the information in the file.
There is no evidence that the author had any residence permits in the Islamic Republic of Iran.
When he applied for asylum he was 15 years old.
He was sentenced for six instances of minor assault against the author’s brother and one instance of
assault against the author.