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11/02/2022
DK: The Refugee Appeals Board resumed the assessment of cases lodged by Afghan nationals

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights
Reference
Denmark, Refugee Appeals Board [Flygtningenævnet], Applicants, 11 February 2022. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2417
Case history
Other information
Abstract

The Danish Refugee Appeals Board ruled in the first two cases concerning Afghan citizens following the suspension of cases concerning Afghan citizens.


In one of the cases, the Refugee Appeals Board granted a residence permit pursuant to section 7 (1) of the Aliens Act. In the second case the Refugee Appeals Board upheld the Danish Immigration Service's refusal of the application.


The Refugee Appeals Board did not find that the general conditions in Afghanistan after the Taliban's takeover could in themselves justify a residence permit. The decisions state that, based on background information, the general security situation in Afghanistan improved. Reference wan made to, among others, the Danish Immigration Service's Country of Origin Information, Afghanistan, December 2021, and an EASO publication from 15 November 2021 and the Afghanistan - Country of Origin Information Report of January 2022. The Refugee Appeals Board considered that it cannot be assumed that there was systematic persecution by the Taliban regime and that conditions in Afghanistan are not of such a nature that anyone will be at real risk of being subjected to abuse or persecution or ill-treatment prohibited by Article 3 of the European Convention on Human Rights as a result of mere presence in Afghanistan.


Country of Decision
Denmark
Court Name
DK: Refugee Appeals Board [Flygtningenævnet]
Case Number
Date of Decision
11/02/2022
Country of Origin
Afghanistan
Keywords
Afghanistan
EUAA COI Reports
Second instance determination / Appeal