Denmark - the Refugee Appeals Board’s decision of 18 June 2018

Country of Decision:
Country of Applicant:
Date of Decision:
18-06-2018
Court Name:
The Refugee Appeals Board
National / Other Legislative Provisions:
Denmark - The Danish Aliens Act Art. 7 (1)
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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)