Title | Amicus curiae of the United Nations High Commissioner for Refugees in case number UM 2839-20, X against the Migration Agency before the Migration Court of Appeal (Kammarrätten i Stockholm, Migrationsöverdomstolen) |
Publisher | UN High Commissioner for Refugees (UNHCR) |
Publication Date | 21 September 2020 |
Country | Afghanistan | Sweden |
Topics | Burden of proof | Cessation clauses | EU Qualification Directive | Security situation |
Related Document(s) | MIG 2021:14, case no. UM2839-20 |
Cite as | UN High Commissioner for Refugees (UNHCR), Amicus curiae of the United Nations High Commissioner for Refugees in case number UM 2839-20, X against the Migration Agency before the Migration Court of Appeal (Kammarrätten i Stockholm, Migrationsöverdomstolen) , 21 September 2020, available at: https://www.refworld.org/docid/5fa50ed84.html [accessed 7 October 2022] |
Comments | UNHCR submits that: (1) the application of the “ceased circumstances” cessation clauses contained in Article 1 C (5) and (6) of the 1951 Convention requires a holistic assessment of the whole situation that led to the recognition of refugee status, as well as the availability of protection in the country of origin. While personal circumstances will play a role in that assessment, “ageing-out”, taken alone, should not lead to cessation. (2) the burden of proof rests on the country of asylum to show that the circumstances which gave rise to the protection needs have ceased. UNHCR also provides information about the current security and human rights situation in Kabul and in Afghanistan more broadly. |