CAT/C/78/D/1047/2021
of the risks facing the complainant in the light of the circumstances as they then exist before
expelling him to Afghanistan.
8.
In the light of the foregoing, and recognizing that it is not clear whether there is a
present risk of expulsion of the complainant by the State party, the Committee, acting under
article 22 (7) of the Convention, concludes that it would be inconsistent with the obligations
of the State party under article 3 of the Convention35 if it proceeded to expel the complainant
on the basis of the decisions by its asylum authorities with regard to the risk factors in
Afghanistan as those risk factors existed at the time that those decisions were taken.
9.
The Committee, recalling the State party’s obligations under article 3 of the
Convention, invites the State party to review the complainant’s asylum application, taking
into account the new circumstances that have emerged following the takeover of Afghanistan
by the Taliban in 2021 and in the light of the State party’s obligations under the Convention
and the present decision.36
10.
Pursuant to rule 118 (5) of its rules of procedure, the Committee invites the State party
to inform it, within 90 days of the date of transmittal of the present decision, of the steps it
has taken to respond to the above observations.
35
36
14
A.A. v. Sweden (CAT/C/72/D/918/2019), para. 10.
Ibid. para. 11.
GE.23-24373