CCPR/C/121/D/2770/2016
considered that, taking into account the author’s general demeanour and physical
appearance, they were not surprised to learn that the author was himself 16 years old.
Counsel also reported that the author’s closest friend had told her a month before the
communication was submitted to the Committee that he was aware of the author’s correct
age and that the author was afraid of telling the truth about his age as he feared that that
information could have a negative impact on his asylum application.
2.7
On 30 May 2016, the Refugee Appeals Board rejected the author’s appeal of the
decision of the Danish Immigration Service. It reiterated that under section 29b of the
Danish Aliens Act, as the author had been granted refugee status in Greece for three years
on 12 June 2015, together with a residence card and travel documents, his first country of
asylum was Greece. It further indicated that according to domestic legislation, 6 the
requirements for the first country of asylum were that the asylum seeker must be protected
against refoulement and that he or she can lawfully stay there. In addition, the asylum
seeker’s personal integrity and safety must be protected. However, the Board stated that it
was not a requirement that the asylum seeker have the same social living standards as the
nationals of the asylum country, on the condition that he or she was treated in accordance
with recognized basic human standards. 7 The Board considered that the author could enter
and stay lawfully in Greece and that he would be protected against refoulement there, as he
had obtained international protection. In addition, as a member of the European Union,
Greece was obliged to respect article 19 (2) of the Charter of Fundamental Rights of the
European Union,8 as well as the 1951 Convention relating to the Status of Refugees. The
Board further considered that although the general socioeconomic conditions for persons
granted refugee status in Greece were difficult, it could not be concluded that Greece could
not be a country of first asylum. Regarding the author’s claim that he was an
unaccompanied minor, the Board indicated to the author that it fell outside its powers to
change the information initially included in his application as to his age, but that he could
ask the Service to review this issue; its decision could be appealed to the Ministry of
Immigration, Integration and Housing. Regarding the author’s claim that he was suffering
emotional distress, the Board indicated that he had not requested any treatment for that
condition and that according to the report on his interview, conducted on 29 March 2016,
he was in good physical health. In addition, the Board considered that it could be assumed
that the author would receive all the necessary psychological or medical treatment in
Greece. Finally, the Board considered that the fact that the author had a girlfriend and a
family network in Denmark could not lead to a different assessment, 9 and rejected the
author’s asylum application.
2.8
Regarding the author’s claim that he was a minor when he arrived in the State party,
the Danish Immigration Service decided on 30 May 2016 not to change the registration of
the author’s age insofar as 1 June 1995 was the date registered, based on the information
that the author himself had provided to both the Greek and the Danish authorities. On 13
July 2016, the author filed an administrative complaint against this decision, alleging that
he should have been given the benefit of the doubt regarding his real age. On 29 September
2016, the Ministry of Immigration, Integration and Housing rejected the administrative
complaint, maintaining 1 June 1995 as the author’s birth date. The Ministry recalled that
during the author’s interviews conducted by the Danish immigration authorities on 28
September 2015 and 29 March 2016, he indicated that his date of birth was 1 June 1995,
that he had been issued an identity card when he was 14 years old, that he had been called
for military service in 2013 when he was 18 years old and that he had a younger brother
living in Germany. The Ministry also recalled that in the family book provided by the
author following his request to change his date of birth, he was listed as a second child born
6
7
8
9
Comments in bill No. 73 of 14 November 2014 on section 29b of the Aliens Act.
The Board referred to conclusion No. 58 (XL) of the Executive Committee of the Programme of the
United Nations High Commissioner for Refugees. See www.unhcr.org/excom/exconc/3ae68c4380/
problem-refugees-asylum-seekers-move-irregular-manner-country-already-found.html.
Article 19 (2) states: “No one may be removed, expelled or extradited to a State where there is a
serious risk that he or she would be subjected to the death penalty, torture or other inhuman or
degrading treatment or punishment”.
The author does not provide any details on this matter.
3