Denmark - The Refugee Appeals Board’s decision of 27 June 2017

Country of Decision:
Country of Applicant:
Date of Decision:
27-06-2017
Court Name:
The Refugee Appeals Board
Relevant Legislative Provisions:
International Law > UN Convention on the Rights of the Child
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Headnote: 

The applicant, a Jordanian citizen feared that her eldest daughter who was 17 years old would be forced by the applicant’s in-laws to marry a cousin. The Refugee Appeals Board noted that the daughter had an asylum motive of her own and according to Article 12 of the Convention on the Rights of the Child she had a right to be heard. To ensure a two-tier hearing and adjudication the Board remitted the case to the Danish Immigration Service.

Facts: 

The applicant, born in January 1976 in Beirut, Lebanon, is an ethnic Arab and a Sunni Muslim and was a Stateless Palestinian until she obtained Jordanian citizenship. The Applicant entered Denmark in July 2016 together with her 4 children and applied for refugee status. She stated that she feared if returned to Jordan she would be persecuted by her former spouse’s business partner and her in-laws. She also feared that her eldest daughter would be forced to drop out of the school and forced to get married. Further, she feared that her former spouse would get custody of their children. In support of her application the applicant stated that her former spouse had stolen money from his business partner and told the partner that the applicant had induced him to steal. The applicant had been threatened by her in-laws to take her eldest daughter out of school so she could marry a cousin.

The Danish Immigration Service rejected the asylum application in October 2016.

Decision & Reasoning: 

The Board notes that the applicant’s eldest daughter is 17 years old and at risk of forced marriage as the applicant’s in-laws have threatened to force the daughter to marry a cousin. Thus, the eldest daughter has an asylum motive of her own. The Danish Immigration Service has not considered the eldest daughter’s asylum motive and the Board notes that according to Article 12 of the Convention on the Rights of the Child she has a right to be heard. The Board has assessed that considering the age of the eldest daughter she should be sufficiently mature to be able to express her views. To ensure a two-tier hearing and adjudication the Board remitted the case to the Danish Immigration Service.

Outcome: 

Application was remitted to the Danish Immigration Service.