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 such circumstances, the Committee considers that the Refugee Appeals Board failed to adequately assess the author’s real, personal and foreseeable risk if he were returned to Afghanistan, which is based not solely on his profile as a former employee of the international forces but also on the risk of future ill-treatment by the Taliban which reasonably follows from his individual circumstances including his past ill-treatment in his country of origin.
