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.