The Committee considered that the State party failed to adequately
assess the author’s real, personal and foreseeable risk of returning to Afghanistan, in
particular taking into account his father’s alleged threats of revenge and his trauma as a result
of parental abuse. Accordingly, the Committee considers that the State party failed to give
due consideration to the consequences of the author’s personal situation in Afghanistan and
concludes that his removal to Afghanistan by the State party would constitute a violation of
articles 6 and 7 of the Covenant.
In an overall assessment of the exceptional circumstances in A's case and with special regard to her very strong connection to Sweden, the Court considers that her best interests outweigh the opposing interests of the State. An expulsion of A to Lebanon can therefore not be consid-ered proportionate and would thus be in violation of the CRC. A is therefore granted a residence permit in Sweden. B and C are granted residence permits as it would be in violation of Article 8 of the ECHR to separate the family.