Case Law

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) | 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

1. This country guidance applies to protection claims from Iranians who claim to have converted from Islam to Christianity. 2. Insofar as they relate to non-ethnic Christians, this decision replaces the country guidance decisions in FS and Others (Iran – Christian Converts) Iran CG [2004] UKIAT 00303 and SZ and JM (Christians – FS confirmed) Iran CG [2008] UKAIT 00082 which are no longer to be followed.

20 February 2020 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Christian - Freedom from torture, inhuman and degrading treatment - Religious persecution (including forced conversion) - Returnees | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

20 September 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Christian - Credibility assessment - Freedom of religion | Countries: Australia - Egypt

29 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Armed forces / Military - Christian - Persecution based on political opinion - Physical harm - Religious discrimination - Religious persecution (including forced conversion) - Threats / Intimidation | Countries: Australia - Iraq

18 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Arbitrary arrest and detention - Christian - Religious discrimination | Countries: Australia - China

12 May 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Christian - Credibility assessment - Freedom of religion - Laws relating to religion - Religious discrimination - Religious persecution (including forced conversion) | Countries: Australia - China

8 May 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Christian - Complementary forms of protection - Credibility assessment - Freedom of religion - Hindu - Religious discrimination - Religious persecution (including forced conversion) - Transgression of social / cultural norms | Countries: Australia - Nepal

5 May 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Christian - Credibility assessment - Physical harm - Religious discrimination - Religious persecution (including forced conversion) - Transgression of social / cultural norms | Countries: Australia - India