CCPR/C/117/D/2462/2014 consider the author as not a minor. It set his date of birth as 21 December 1992 and amended his application accordingly. 2.3 On 31 July 2012, the author had an interview with the Immigration Service, during which he referred to his homosexual relationship with a friend and maintained that he was 17 years old. On 28 August 2012, the Immigration Service rejected the author’s asylum claim as not credible, considering that several aspects of his explanations were unreliable. On an unspecified date, the author appealed to the Refugee Appeals Board, claiming that the information he had provided was accurate, that he was at risk of persecution from the local community and that he would not be able to seek protection in Bangladesh where homosexuality is illegal. He further submitted that he could not be forced to hide his homosexuality to avoid persecution and that as a member of a particular social group exposed to persecution, he was in need of protection in accordance with article 1A (2) of the 1951 Convention relating to the Status of Refugees. On 4 December 2012, the Board upheld the rejection of the author’s asylum application, finding his allegations to be not credible. 2.4 On 12 April 2013, the author requested the Refugee Appeals Board to reopen the asylum proceedings and submitted new documents in support of his claim: a newspaper article alleging that the author’s mother had committed suicide because of problems related to the homosexuality of her son6 and a copy of his birth certificate, stating that he was born on 21 December 1994. In that connection, the author submits that his age has not been reassessed since the production of his birth certificate and that the Board failed to take into account that he was a minor at the time of the initial asylum proceedings. He further submits that it is difficult for a minor who has grown up in a country in which homosexuality is linked to stigma and shame to talk openly and elaborate on the grounds of his asylum application when they are linked to his sexual orientation. On 4 March 2014, a statement from a non-governmental organization, LGBT Asylum, confirmed that the author had been a member of the organization since October 2013 and had been taking part in their meetings. On 19 September 2014, the Refugee Appeals Board confirmed its decision of 4 December 2012, refusing to reopen the asylum proceedings, without examining the new documents submitted by the author.7 The Board considered that it was not plausible that the author would be at risk of persecution only because of his homosexuality since, even if homosexuality is illegal in Bangladesh, the relevant legislation is not enforced. The author asserts that the Board should have followed the procedure as applied in other countries. In that connection, he refers to the jurisprudence of the Supreme Court of the United Kingdom of Great Britain and Northern Ireland when determining whether an asylum seeker is a homosexual and whether, if returned to his country of origin, he risks persecution or abuse that would make him entitled to asylum. 8 2.5 As part of the asylum procedure, the applicant stated that the authorities in his country of origin were unable to protect him from the people of his village. The author admitted he did not know about the law, but that he was clear that homosexuality was unacceptable from a religious and social perspective. He also feared starvation in case of his return to his country of origin, as he had no home and no clothing. 2.6 Since the decisions of the Board cannot be appealed before the Danish courts,9 the author maintains that he has exhausted all available and effective domestic remedies. 6 7 8 9 The author only produced the document in its original language. As of that date, the author’s expulsion to Bangladesh became imminent. The author refers to the judgment of the British Supreme Court in the joined cases of HJ (Iran) and HT (Cameroon) v. Secretary of State for the Home Department of 7 July 2010. See article 56 (8) of the Danish Aliens Act. 3

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