The national audience has dismissed Afghan asylum resources in recent months as not procredit an “individualized persecution” or risk of suffering, for reasons of race, religion, nationality, political opinions, belonging to a certain social group, gender or sexual orientation
, as it consists of the resolutions collected at the Judicial Documentation Center.
In the judgments, the magistrates of the Contentious-Administrative Hall underscore the need to bring together the requirements established Law 12/2009, of October 30, which regulates the right of asylum.
The judges of the eight sections that make up this room will be responsible for reviewing resources against the resolutions of the Ministry of the Interior, if they had, of Afghan asylum seekers who have arrived in the last days to Spain.
According to the department holder, Fernando Grande-Marlaska, the ministry will process “with the greatest urgency” the requests of citizens who have reached Spanish territory on army flights from Kabul (Afghanistan) by having “an extraordinary character
and special”.
Among the sentences issued by the National Hearing is that of January 14, in which the Sixth Section denied the Asylum Application of Juan (Fictitious Name), who claimed to work in an Afghan company that supplied office supplies to the military base
of Logar (Afghanistan).
The man in his resource assured that “they always took precautions” because anyone who worked “for the Americans” was considered “collaborationist” and were in “danger of death”.
“The Taliban had threatened to kill all of the company,” he said.
In the resolution of the Ministry of the Interior of July 2018 appealed by John, the Department led by Grande-Marlaska argued that the affirmation that those who work for the Americans are in Afghanistan are in danger of death “can have a correspondence in the information available
About the country of origin, but this assertion is not enough to automatically place the applicant within the scope of the Geneva Convention. ”
According to the sentence, Juan indicated that in May 2016 the Taliban murdered his brother and another partner when they were heading to the military base to help him work.
After that incident, his father contacted “with traffickers to take him to Europe.”
In its appeal before the national audience, the man rejected the interior assertion that “Kabul is a safe city” and that the base of Logar “was already transferred to the Afghan authorities” because, in his opinion, “is a fact
Notorious that the Taliban are still a threat to peace “and that those who have” collaborated with American forces “are” persecuted “.
The Chamber considered that budgets were not attending to grant asylum law, since “the narrated facts do not reflect the presence of a persecution or risk of suffering, for reasons of race, religion, nationality, political opinions, belonging to a certain social group
, gender or sexual orientation “.” <
On June 22, the seventh section denied Joseph’s request (fictitious name), National of Pakistan who claimed a precautionary measure for being “object of persecution by a group of Taliban who intends to join its ranks.”
The man said that the fundamentalist organization burned his house as “reprisal” and had to flee, “putting on the woman and children of him.
The contested resolution recognized that there are “armed clashes between Taliban groups and the Pakistani forces in a broad border strip with Afghanistan,” but he argued that given the extension of the Pakistani territory and his numerous population “is not credible that he could not find refuge in
the country of origin”.
The Chamber denied the request by considering that if “in the Claimant’s own account it is said that his nuclear family was transferred from the usual domicile to a safe place” this is “indicator” that “it can find protection in your country of origin
An internal displacement “.
In the list of rejected requests is also Manuel (Fictitious Name), which in July 2019 received the ‘No’ of the Octave section.
In the resource of him said to have fled from Afghanistan after the Islamic state entered the city of him.
He indicated that the soldiers wanted young men to join and said that his father came to receive threats to give him.
He also assured that the Islamic State “ordered the people of his people to put flags at home if there were single women or widowed women” and said that when he learned that it was so that the soldiers knew that he had to marry “flee”
With all his family to Kabul.
Faced with the fear of being recruited in Afghanistan he went to Dubai (United Arab Emirates), but was returned by the authorities to carry false documentation.
Once there, he fled again.
In the sentence, the Chamber endorsed the interior decision not to grant asylum as the “individualized persecution” be not left by the Islamic State.
There are cases, however, in which the national audience has estimated the applicant’s resource.
Thus, Javier (Fictitious Name), in November 2019, saw how the second section of the contentious-administrative room recognized him the right of asylum.
The judges were supported by the Instruction Report – which also referred to another of the United Nations High Commissioner for Refugees (UNHCR) – in which it was affirmed that “the fear expressed by the appellant to be recruited by the
Taliban seems founded, since in the current circumstances, given the age of the applicant, recruitment is an indiscriminate activity, directed towards the masculine genre, regardless of ethnic groups and religion. ”
In this sense, he stressed that it fit “perfectly” in the “fear of persecution by belonging to a social group, that of males, of young age, suitable for recruitment, as the UNHCR, skilled to fill the requirements of the article
3 of the Asylum Law “.
The report consists that Javier requested international protection in Spain with 16 years and that, according to his allegations, “The Taliban would have been directed on several occasions to his family requesting that both he and his brothers join their fighters.”
The document collects that his father was kidnapped and attacked for a week before the refusal of delivering his children. “According to the report of the instruction, coinciding at this end with that of UNHCR, the applicant makes a story coherent with the situation
Current from your country of origin and according to the information available, “says the sentence.
“The fear of being recruited by the Taliban is equally credible and consistent with the existing situation,” the magistrates concluded.
