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 19 May 2023]
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.