Case Law

In such circumstances, the Committee considers that the Refugee Appeals Board failed to adequately assess the author’s real, personal and foreseeable risk if he were returned to Afghanistan, which is based not solely on his profile as a former employee of the international forces but also on the risk of future ill-treatment by the Taliban which reasonably follows from his individual circumstances including his past ill-treatment in his country of origin.

18 November 2019 | Judicial Body: UN Human Rights Committee (HRC) | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Combatants / Former combatants - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment | Countries: Afghanistan - Denmark

9 October 2017 | Judicial Body: UN Human Rights Committee (HRC) | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Burden-sharing and international co-operation - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Reception - Refugee status determination (RSD) / Asylum procedures | Countries: Denmark - Italy - Somalia

26 April 2017 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Freedom of expression - International Covenant on Civil and Political Rights (ICCPR) | Countries: Denmark - Iran, Islamic Republic of

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21 April 2017 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment | Countries: Denmark

10 April 2017 | Judicial Body: UN Human Rights Committee (HRC) | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Non-refoulement | Countries: Denmark - Iran, Islamic Republic of

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3 April 2017 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Freedom of religion - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Denmark - Malaysia

25 September 2015 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Asylum-seekers - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - International Covenant on Civil and Political Rights (ICCPR) | Countries: Denmark - Italy - Somalia

26 November 2014 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Children's rights - Deportation / Forcible return - Effective remedy - Expulsion - Right to family life | Countries: Afghanistan - Denmark

12 May 2014 | Judicial Body: UN Human Rights Committee (HRC) | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Deportation / Forcible return - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Denmark - Eritrea

20 January 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Combatants / Former combatants - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Rejected asylum-seekers - Tamil | Countries: Denmark - Sri Lanka