CAT/C/71/D/908/2019
States of America removed the Taliban from power, the family went back to Ghazni Province,
where the complainant helped his family carry out agricultural work.
2.2
In early 2015, while he was taking his father to hospital, the complainant was targeted
by the Taliban, which was still active in harassing, kidnapping and executing people around
his hometown, as they were aware that he was anti-Taliban.1 The complainant and his family
had then to flee to Kabul, where they stayed for a few months. After the Taliban tortured his
aunt to death and kidnapped his friend in an attempt to find and catch him, the complainant
decided to leave the country. He came to Sweden in November 2015 through the Islamic
Republic of Iran, Turkey and Greece, with the help of smugglers, while his family returned
home from Kabul.
2.3
On 15 November 2015, the complainant applied for asylum on the grounds of being
at risk of being subjected to torture and inhuman and degrading treatment in Afghanistan,
because of his past conflict with the Taliban and his Hazara origin. Meanwhile, in September
2016, the complainant began Swedish language classes organized jointly by an adult
education centre and a local Christian church, where he also became involved in church
activities and took a basic course on Christianity. On 2 February 2017, the Swedish Migration
Agency conducted an oral hearing as part of its investigation of the complainant’s asylum
claim, but he did not talk about his conversion process at that time. On 31 March 2017, the
Agency rejected the complainant’s asylum claim, finding that he had not proved that he
would face a personal risk if he were returned to Afghanistan, beyond a general risk as a
Shiite Hazara. The Agency noted that he might face a risk of persecution from the Taliban in
Ghazni, however he had an internal relocation alternative available to him by returning to
relatively safe places such as Kabul and Herat, where he and his family had lived before and
he had some social connections, thus the complainant’s conflict with the Taliban was not
sufficient to grant asylum.
2.4
On 27 April 2017, the complainant appealed to the Migration Court in an attempt to
secure his asylum. On 4 May 2017 the complainant was baptized and on 10 May 2017 his
conversion was first brought up as a ground for protection in a complementary appeal to the
Migration Court. The complainant claims that he will be exposed to a serious risk of
persecution if he is returned to Afghanistan, including from his family and relatives, as he
converted to Christianity.2 On 25 January 2018, the Migration Court held an oral hearing in
his case. On 14 February 2018, the Migration Court of Appeal rejected his appeal as it found
that the complainant had not proved that his conversion was genuine and based on personal
conviction. The Migration Court also found that there was no evidence to support his
contention that information regarding his conversion had reached his family in Afghanistan.
On 12 March 2018, the Migration Court of Appeal refused him leave to appeal and the
decision to expel him became final and non-appealable.
2.5
Subsequently, the complainant submitted an application to the Swedish Migration
Agency for a residence permit pursuant to chapter 12, section 18 of the Aliens Act, or a reexamination of the issue of a residence permit pursuant to chapter 12, section 19 of the Aliens
Act, citing impediments to the enforcement of the expulsion order. The Agency found that
the claims relating to the complainant’s conversion had already been considered and could
not be seen as new circumstances. On 11 October 2018, the Agency decided not to grant the
complainant a residence permit or a new examination of the issue. This decision was appealed
to the Migration Court, which rejected the appeal on 1 November 2018. A request was made
for leave to appeal the Migration Court’s judgment to the Migration Court of Appeal, but the
latter court, on 14 November 2018, decided not to grant the complainant such leave.
Complaint
3.1
The complainant claims that his deportation to Afghanistan would amount to a
violation of article 3 of the Convention, as he will be at risk of persecution as a Christian
convert, in a country where individuals leaving the Islamic faith face the risk of inhuman and
1
2
2
The reason is not clear from the complaint.
In support of his newly acquired faith, the complainant submitted photographs, a baptism certificate,
and written testimonials from various people who claimed to know the complainant and to have
knowledge of his faith.