Afghanistan

7.6 In the present case, the Committee notes the finding of the Migration Agency that, while claiming a risk of harm in Afghanistan because of his Christian faith, the author failed to present sufficient evidence to substantiate his claim that his faith had attracted the attention of: the Afghan authorities through his texts on social media networks and his appearance in the Swedish media; the staff members of the Afghan Embassy in Stockholm; and other Afghan detainees in the migration detention centre. The Committee also finds that although the author contests the assessment and findings of the Swedish authorities, he has not presented any evidence to the Committee to substantiate his claim that he has been targeted by the Afghan authorities on the basis of his Christianity, or that his alleged Christianity is indeed known to the Afghan authorities. 7.7 The Committee considers that the information at its disposal demonstrates that the State party took into account all the elements available when evaluating the risk of irreparable harm faced by the author upon his return to Afghanistan. The Committee also considers that, while the author disagrees with the factual conclusions of the State party’s authorities, he has not shown that the Migration Agency’s decision of 30 December 2015 was arbitrary or manifestly erroneous, or that it amounted to a denial of justice.

22 May 2020 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Christian - Freedom from torture, inhuman and degrading treatment - Religious persecution (including forced conversion) | Countries: Afghanistan - Sweden

20 February 2020 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Atheist / Agnostic - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Religious persecution (including forced conversion) - Right to life | Countries: Afghanistan - Sweden

The case concerned the removal from Switzerland to Afghanistan of an Afghan national of Hazara ethnicity who was a Muslim convert to Christianity. The European Court of Human Rights held, unanimously, that there would be: a violation of Article 3 of the European Convention on Human Rights in the event of the applicant’s return to Afghanistan.

5 November 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Freedom from torture, inhuman and degrading treatment - Refugee / Asylum law - Religious persecution (including forced conversion) | Countries: Afghanistan - Switzerland

3 November 2015 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Freedom of religion - Hindu - Religious persecution (including forced conversion) - Sikh | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

28 February 2014 | Judicial Body: Australia: Refugee Review Tribunal | Document type: Case Law | Topic(s): Discrimination based on race, nationality, ethnicity - Hazara - Housing, land and property rights (HLP) - Persecution based on political opinion - Persons not in need of international protection - Rejected asylum-seekers - Religious persecution (including forced conversion) - Shia | Countries: Afghanistan - Australia

30 July 2013 | Judicial Body: Australia: Refugee Review Tribunal | Document type: Case Law | Topic(s): Credibility assessment - Flight by land, air or sea - Freedom of movement - Hazara - Persecution of family members - Racial / Ethnic persecution - Religious persecution (including forced conversion) - Sharia law - Shia - Social group persecution - Witnesses | Countries: Afghanistan - Australia

7 June 2013 | Judicial Body: Australia: Federal Circuit Court | Document type: Case Law | Countries: Afghanistan - Australia

28 May 2013 | Judicial Body: Australia: Refugee Review Tribunal | Document type: Case Law | Countries: Afghanistan - Australia - Iran, Islamic Republic of

30 April 2013 | Judicial Body: Australia: Refugee Review Tribunal | Document type: Case Law | Countries: Afghanistan - Australia - Iran, Islamic Republic of - Pakistan - Syrian Arab Republic