Denmark - the Refugee Appeals Board’s decision of 18 June 2018
Keywords:
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Country of origin information
Description
"Information used by the Member States authorities to analyse the socio-political situation in countries of origin of applicants for international protection (and, where necessary, in countries through which they have transited) in the assessment, carried out on an individual basis, of an application for international protection.” It includes all relevant facts as they relate to the country of origin at the time of taking a decision on the application, obtained from various sources, including the laws and regulations of the country of origin and the manner in which they are applied, regulations of the country of origin, plus general public sources, such as reports from (inter)national organisations, governmental and non-governmental organisations, media, bi-lateral contacts in countries of origin, embassy reports, etc. This information is also used inter alia for taking decisions on other migration issues, e.g. on return, as well as by researchers. One of the stated aims of the European Asylum Support Office (EASO) is to progressively bring all activities related to practical cooperation on asylum under its roof, to include the collection of Country of Origin Information and a common approach to its use. |
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Persecution Grounds/Reasons
Description
Per Article 1A ofthe1951 Refugee Convention, one element of the refugee definition is that the persecution feared is “for reasons of race, religion, nationality, membership of a particular social group or political opinion“. Member States must take a number of elements into account when assessing the reasons for persecution as per Article 10 of the Qualification Directive. |
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Relevant Documentation
Description
“All documentation at the applicants disposal regarding the applicant's age, background, including that of relevant relatives, identity, nationality(ies), country(ies) and place(s) of previous residence, previous asylum applications, travel routes, identity and travel documents and the reasons for applying for international protection.” |
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Torture
Description
“Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him/her or a third person information or a confession, punishing him/her for an act s/he or a third person has committed or is suspected of having committed, or intimidating or coercing him/her or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.” |
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Refugee Status
Description
The recognition by a Member State of a third-country national or stateless person as a refugee. |
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Political Opinion
Description
One of the grounds of persecution specified in the refugee definition per Article 1A ofthe1951 Refugee Convention. According to the Qualification Directive the concept of political opinion includes holding an opinion, thought or belief on a matter related to potential actors of persecution and to their policies or methods, whether or not that opinion, thought or belief has been acted upon by the applicant. |
Headnote:
The applicant, a Chinese citizen, feared, if she returned to China, she would be persecuted and exposed to torture by the Chinese Communist Government due to her Falun Gong activities.
The Refugee Appeals Board did not find that she was a particular profiled member of Falun Gong or that she was wanted by the Chinese Authorities as she left China legally notwithstanding that she had been detained several times for shorter periods and imprisoned for seven years during which she was exposed to torture. However, the Board found that the Chinese Authorities were aware of the applicant ‘s political positions regarding Falun Gong and the human rights situation in China due to comprehensive media activities and participation in demonstrations in Copenhagen. Therefore, after an overall assessment including the fact that the applicant had been imprisoned for seven years, the Board granted the applicant reugee status under the Danish Aliens Act Art. 7 (1).
Facts:
The applicant, born in 1965, is a Chinese citizen from Wuhan, Hubei Province, China. She entered Denmark in June 2015 and applied for refugee status. She stated that she feared, if she returned to China, that she would be persecuted and exposed to torture by the Chinese Communist Government.
In support of her application, the applicant informed that she had practised Falun Gong since 1997. From 1999 when Falun Gong was criminalised she became coordinator of Falun Gong in Changshas. From 1999 to 2008 she was detained several times and in April 2009 she was sentenced to 7 years imprisonment which she spent in the Wuhan Prison.
In August 2015 the applicant from Denmark sent an indictment against the former president Jiang Zemin to the Chinese Supreme Court claiming the Government had violated her human rights. In Denmark she continued writing articles on the internet and participated in demonstrations regarding China’s human rights violations.
The Danish Immigration Service rejected the asylum application in March 2017.
Decision & reasoning:
The account of the applicant has been established by the Refugee Appeals Board.
The Board accepted that the applicant was a Falun Gong Coordinator and that she was detained several times for shorter periods and imprisoned for seven years during which she was exposed to torture. The Board did not find that the applicant despite her long imprisonment was a particular profiled member of Falun Gong and the Board did not accept that she was wanted by the Chinese Authorities when she left China legally and using her own passport. However, the Board did accept that the applicant had had comprehensive activities in both Danish and foreign media, interviews and demonstrated in front of the Chinese Embassy and the Town Hall of Copenhagen. Thus, the Board found that the Chinese Authorities or at least the Chinese Embassy in Copenhagen was aware of the applicant‘s political positions regarding Falun Gong and the human rights situation in China. Therefore, after an overall assessment including the fact that the applicant had been imprisoned for seven years the Board found that she had rendered probable that if she returned to China she would be at risk of persecution.
Consequently, the Refugee Appeals Board granted the applicant reugee status under the Danish Aliens Act Art. 7 (1).
Outcome:
The applicant was granted refugee status under the Danish Aliens Act Art. 7 (1)
Cited National Legislation:
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| Denmark - The Danish Aliens Act Art. 7 (1) |