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) | 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) | 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 | 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

10 May 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Discrimination based on race, nationality, ethnicity - Flight by land, air or sea - Freedom of religion - Generalized violence - Hazara - Religious discrimination - Religious persecution (including forced conversion) | Countries: Afghanistan - Australia

8 April 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Discrimination based on race, nationality, ethnicity - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Religious discrimination - Religious persecution (including forced conversion) - Shia - Social group discrimination - Social group persecution - Tajik | Countries: Afghanistan - Australia

2 March 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Abduction - Discrimination based on race, nationality, ethnicity - Freedom of religion - Hazara - Non-state agents of persecution - Religious discrimination - Religious persecution (including forced conversion) - Shia - Social group discrimination - Social group persecution | Countries: Afghanistan - Australia

9 December 2015 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Discrimination based on race, nationality, ethnicity - Flight by land, air or sea - Freedom of religion - Hazara - Persecution based on political opinion - Religious discrimination - Religious persecution (including forced conversion) - Shia - Terrorism | Countries: Afghanistan - Australia

10 November 2015 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Discrimination based on race, nationality, ethnicity - Flight by land, air or sea - Freedom of religion - Hazara - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Religious discrimination - Religious persecution (including forced conversion) - Shia | Countries: Afghanistan - Australia

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