Denmark - Refugee Appeals Board’s decision of 8 June 2018

Country of Decision:
Country of Applicant:
Date of Decision:
08-06-2018
Court Name:
Refugee Appeals Board
National / Other Legislative Provisions:
Denmark - The Danish Aliens Act Art. 7 (3) cf. Art. 11 (1)
Denmark - The Danish Aliens Act Art. 7 (2)
Printer-friendly versionPrinter-friendly version
Headnote: 

The complainant, a Somali Citizen and a Sufi Muslim from Jaameel Sheen, Hiiraan Region, Somalia, had been detained and tortured by al-Shabaab due to teaching English.

Based on a consistent account in accordance with a medico-legal report from a torture investigation and country of origin information the Board found the applicant profiled in relation to al-Shabaab.

The applicant was granted subsidiary protection under the Danish Aliens Act Art. 7 (2).

Facts: 

The complainant, a Somali Citizen and a Sufi Muslim from Jaameel Sheen, Hiiraan Region, Somalia, born in 1990, entered Denmark in February 2015 and in January 2016 he was granted temporary protection under the Danish Aliens Act Art. 7 (3). In June 2017 he applied for a change in protection status from temporary protection to subsidiary protection under the Danish Aliens Act Art. 7 (2). In October 2017 the Danish Immigration Service decided to revoke the claimant’s residence permit under the Danish Aliens Act Art. 7 (3) cf. Art. 11 (1). The complainant then lodged a complaint against this decision. In support of his complaint and application the complainant referred to fearing being killed by al-Shabaab as he taught English to children and because he was a Sufi Muslim belonging to a minority clan. He explained that he was detained by al-Shabaab for 24 days during which he was tortured and that he fled during acts of war.

Decision & Reasoning: 

The account of the claimant has been established by the Refugee Appeals Board. The Board noted that the account was supported by the medico-legal report from a torture investigation. Further, the account is compatible with country of origin information. Consequently, the Board found that the complainant because of his teaching had been profiled in relation to al-Shabaab. The Board did not find it reasonable to refer the claimant, who had been exposed to torture, to take up residence in another part of Somalia. The Board therefore granted the complainant subsidiary protection under the Danish Aliens Act Art. 7 (2).

Outcome: 

The applicant was granted subsidiary protection under the Danish Aliens Act Art. 7 (2).