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03/02/2023
DK: The Refugee Appeals Board granted international protection to an Afghan woman and her daughter following a change of practice in Denmark regarding Afghan applicants for international protection.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Denmark, Refugee Appeals Board [Flygtningenævnet], Applicants v Immigration Service, 2023/10, 03 February 2023. 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=3198
Case history
Other information
Abstract

In February 2023, the Refugee Appeals Board granted a residence permit (K-status) to a female Afghan citizen and an accompanying child from Afghanistan. The woman was not politically active and she claimed that she feared being killed by her spouse, who subjected her to abuse, or his family if she returned to Afghanistan. She also stated that she had begun another relationship with another man, without getting divorced, she had the child out of wedlock and the punishment for adultery in Afghanistan was death by stoning.


The Refugee Appeals Board noted the situation in Afghanistan since the Taliban took power in mid-August 2021, including in terms of conditions for women and girls. The Refugee Appeals Board referred to the Danish Refugee Council's report "Afghanistan Conference - The Human Rights Situation after August 2021", published on 30 December 2022, which noted that the human rights situation has significantly worsened since August 2021, and that women's rights have been significantly curtailed, including their access to public life. Further reference was made to the Human Rights Watch Report 2023 – Afghanistan, published on 12 January 2023, which stated that the Taliban have imposed a growing list of rules and policies that comprehensively prevent women and girls from exercising their fundamental rights.


Finally, the Refugee Appeals Board noted the EUAA Country Guidance: Afghanistan, published on 24 January 2023 which noted that the accumulation of various measures introduced by the Taliban, which affect the rights and freedoms of women and girls in Afghanistan, amounts to persecution and that for women and girls in Afghanistan, well-founded fear of persecution would in general be substantiated.


Thus, the Refugee Appeals Board found that the applicant and her minor daughter must be granted a residence permit.


Country of Decision
Denmark
Court Name
DK: Refugee Appeals Board [Flygtningenævnet]
Case Number
2023/10
Date of Decision
03/02/2023
Country of Origin
Afghanistan
Keywords
Afghanistan
EUAA Country Guidance Materials
Gender based persecution
Refugee sur place
Vulnerable Group