The applicant, a male Armenian citizen of Christian faith, entered Denmark in 2023 and applied for international protection. He claimed that he feared persecution by the Armenian authorities due to his desertion from the military. He also stated that he feared social exclusion and humiliation resulting from his former spouse’s infidelity with a family member.

The Danish Immigration Service rejected his application in spring 2024, concluding that he had not substantiated any risk of persecution relevant to asylum. The applicant appealed the decision to the Refugee Appeals Board, which examined the case in September 2024.

The Board acknowledged the possibility that the applicant had deserted from the military and might face punishment upon return. Referring to country of origin information (COI) regarding Armenian legislation and practice on military desertion, it held that determining penalties for such offences falls within Armenia’s sovereign jurisdiction. The Board found that the punishment prescribed under Armenian law for desertion was not disproportionate and did not reach the threshold of persecution and emphasized that there were no indications that prison conditions in Armenia violated Article 3 of the European Convention on Human Rights (ECHR). The board held that the reasons raised by the applicant in relation to his former spouse’s infidelity did not constitute persecution within the meaning of Section 7(1) or 7(2) of the Aliens Act.

In conclusion, the Refugee Appeals Board upheld the Immigration Service’s decision, confirming that the applicant did not meet the conditions for international protection under Section 7 of the Aliens Act. While recognizing the applicant’s possible punishment for desertion, the Board found that the penalties he would face in Armenia for desertion were proportionate and not contrary to international standards.