Art 3 ECHR • Expulsion • No risk of ill-treatment in case of removal of Afghan Sikhs to Afghanistan • Adequate assessment of the risks by the domestic authorities • No compelling humanitarian grounds against removal. See also joint partly dissenting opinion on the assessment by the domestic authorities of the foreseeable consequences of the applications to Afghanistan.
This is an appeal against a decision of a refugee and protection officer
declining to grant refugee status or protected person status to the appellants who
are a mother (the mother) and son (the son). The mother is a citizen of the Ukraine.
She is also a Russian citizen. The son was born in New Zealand. There is some
dispute concerning his nationality but, as will be seen below, the Tribunal finds him
to be entitled to Ukrainian citizenship.