Case summaries
Sweden - Migration Court of Appeal, 30 November 2011, UM 7850-10
Country of applicant:
Afghanistan
Keywords:
Assessment of facts and circumstances, Credibility assessment, Persecution Grounds/Reasons, Refugee sur place, Subsequent application, Religion
For conversion to be considered an acceptable protection ground the religious belief must be genuine.
Converts to Christianity in Afghanistan face a general risk of persecution and inhuman or degrading treatment or punishment on return. However, the Migration Court of Appeal found that an Afghan applicant did not prove it was reasonably likely that his conversion from Islam to Christianity was founded on a genuine belief. He had not shown that if he returned to his country of origin he had the intention to live as a convert. There was also no evidence that the authorities in his country of origin knew that he had converted.
Date of decision:
30-11-2010
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 5,Art 4,Art 3,Art 1A,UNHCR Handbook,Para 196,Art 5.2,Para 71,Para 72,Para 73,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3