CAT/C/78/D/1047/2021
are that the claims concerning conversion were made after the Migration Agency’s decision
on expulsion and that the complaint to the Committee raised objections regarding procedural
deficiencies during the domestic proceedings as regards those claims. In Q.A. v. Sweden, the
Committee, inter alia, held that when an asylum-seeker submits that he or she has become an
atheist after his or her initial asylum request has been rejected, it may be reasonable for an
in-depth examination of the circumstances of the conversion to be carried out by the
authorities. However, regardless of the sincerity of the conversion, the test remains as to
whether there are substantial grounds for believing that such a conversion could have serious
adverse consequences in the country of origin such as to create a real risk of irreparable harm
as contemplated by articles 6 and 7 of the Covenant. Therefore, even when the reported
conversion is deemed not sincere, the authorities should proceed to assess whether, in the
circumstances of the case, the behaviour and activities of the asylum-seeker in connection
with his or her conversion or convictions could have serious adverse consequences in the
country of origin, putting him or her at risk of irreparable harm.20 The Committee concluded
that, owing to the complainant’s intersecting forms of vulnerability, combined with the
multiple risk-enhancing factors, he would face serious adverse consequences in the country
of origin, which would put him at risk of irreparable harm. The Committee accordingly found
that the State party had failed to adequately assess the real, personal and foreseeable risk to
the complainant of returning to Afghanistan as a perceived apostate with myriad
risk-enhancing factors.
4.13 The complainant in the present case, unlike the complainant in the case of Q.A. v.
Sweden, was heard concerning the circumstances of the cited conversion during the national
asylum proceedings. The Migration Court further assessed whether there were substantial
grounds for believing that the complainant’s cited conversion and activities within the church
would have serious adverse consequences in his country of origin such as to create a real risk
of irreparable harm as contemplated by article 3. With regard to risk-enhancing factors, the
State party notes that the complainant in Q.A. v. Sweden was an individual who had no
network in Afghanistan or knowledge of the country. He did not speak fluently either the
official or the widely spoken languages of the country. In addition, he had mental health
issues, with suicidal ideation, which led him to attempt to commit suicide during the asylum
proceedings. The State party notes that the risk-enhancing factors differ between Q.A. v.
Sweden and the present case.
4.14 In the present case, the domestic migration authorities also found that the complainant
had not plausibly demonstrated that he would be in need of international protection on
account of the cited sexual assaults he had been subjected to as a child in Afghanistan. In this
regard, the complainant claims that the migration authorities did not investigate those risks
in a satisfactory manner and refers to a judgment by the European Court of Human Rights in
the case of R.C. v. Sweden.21 That case concerns the expulsion to the Islamic Republic of Iran
of a man who claimed to have been subjected to torture while detained in an Iranian prison
in 2001, following which he left the country illegally. In support of that claim, the applicant
had submitted a medical certificate to the national authorities that, according to the Court,
gave a strong indication that the applicant’s scars and injuries potentially had been caused by
ill-treatment or torture. In the case of R.C. v. Sweden, the Court held that the applicant had
made a prima facie case as to the origin of his injuries and had discharged the burden of
proving that he had been subjected to torture. It had consequently been for the Migration
Agency to dispel any doubts that might have persisted as to the source of the applicant’s
injuries. The Court concluded that the authorities had had a duty to ascertain all the facts,
particularly in circumstances where there was a strong indication that an applicant’s injuries
might have been caused by torture.22
4.15 The State party holds that the present case is clearly distinguishable from that of R.C.
v. Sweden, noting that neither the Migration Agency nor the Migration Court found that the
complainant had made a prima facie case as to the underlying threat to him and thus the origin
of the abuse that he suffered. In contrast, the domestic authorities concluded that the cited
20
21
22
GE.23-24373
Human Rights Committee, Q.A. v. Sweden, para. 9.5.
European Court of Human Rights, R.C. v. Sweden, Application No. 41827/07, Judgment,
9 March 2010.
Ibid., para. 53.
7