The applicants, a woman and her minor daughter, were refused a residence permit in Denmark. They complained to the UN Committee on the Rights of the Child who issued views criticising the decision of the Danish authorities. The case was subsequently reopened by the Danish Refugee Appeals Board.

As an asylum motive, the applicants referred to the fact that, on return to India, the woman feared being killed by her husband. The applicant further noted that the spouse has also made threats in Denmark and was violent against her. The spouse was administratively expelled from Denmark in 2017 with an entry ban. The applicant has tried to divorce him, but this has not yet been successful. The spouse has threatened the family with harm to the applicant and the daughter. Last year, the family was convened at the police station. The applicant also refers, as an asylum motive, to the fact that she fears her parents who are against the marriage. The applicant also argued that she fears for the life of her daughter as the spouse had doubts as to whether the daughter was his child and threatened to kill the daughter. The applicant also referred, as an asylum motive, to the fear of the authorities in India who cannot provide her protection as women in India have limited rights.

The Refugee Board considered that the applicant has shown that she and her daughter cannot be referred to seeking government protection in India, as the applicant comes from a caste lower than that of her husband, that her brother-in-law works for the military, and that her husband’s family is linked to senior politicians. The Refugee Board considered that the applicant and the daughter would be in a concrete and individual risk of abuse under Section 7 (2) of the Aliens Act if returned to India. The Refugee Board therefore granted the applicant and her daughter a residence permit pursuant to Paragraph 7 (2) of the Aliens Act.