The Danish Coordination Committee of the Refugee Board’s decided to change their practice concerning Afghan women and girls. These women and girls will be covered by section 7(1) of the Aliens Act (asylum) solely because of their gender.
The Committee first stated that the EUAA Country Guidance is not binding, however, it noted that most of the groups identified in EUAA’s Guidance’s are granted asylum in Denmark if their membership can be established. Until now, the Board applied a relaxed assessment of evidence in cases involving Afghan women and girls (see Weekly Legal Update 13/01). However, in the light of the latest information (DRC’s Report, HRW Report and EUAA Guidance) the Committee decided to change its practice and grant protection on the ground of their gender. The Appeal Board currently has five pending cases on Afghan women and girls.
Furthermore, the Committee decided that the Refugee Board should reopen all ten pending cases concerning female Afghans in which the Board confirmed a decision refusing asylum in the period after the Taliban took power on 16th of August 2021. This reopening is carried out with a view to grant asylum. At the same time, the Committee decided to review all thirty pending cases concerning male Afghans in which the Board refused asylum since 16th of August 2021. The Board will assess whether there are grounds to reconsider the cases in the light of the latest background information. Moreover, Afghans whose proceedings were finalised before the 16th of August 2021 and who still reside in Denmark may request the Appeals Board to reopen their cases if they believe that according to the latest background information, the basis of the original decision changed significantly.
Based on an unofficial translation from within the EWLU team.