Report about the Asylum Processes of Religious Converts in Sweden

Stockholm, March 20, 2019

Summary and Conclusions

In a world with growing numbers of refugees, the number of asylum-seekers in Sweden peaked in 2015. This year marked a high point for refugees with roots in Afghanistan, among others. Within this group, a relatively large number have converted to Christianity. This has led to questions of faith, religion and conversion and have become highly relevant in the asylum process. Many Christian churches throughout Sweden are involved in these matters, and in their engagement, they have witnessed the challenges that asylum-seeking converts face. This reality forms the background of this report.

This report has four related objectives:

to gather information about asylum cases in which the grounds for asylum is conversion.
to shed light on questions of religion and conversion, first and foremost in the context of the asylum processes of converts.
to analyze the Swedish Migration Board’s handling of asylum cases in which conversion is a relevant factor. This analysis is divided into three sections: quantitative, qualitative and legal.
to present recommendations for action based on the findings.

The material found in this report has been collected from 76 Free Churches in 64 locations throughout Sweden. The material is based on documents concerning the asylum processes of 619 persons. These 619 persons are all Afghan citizens who applied for asylum in Sweden between 2015 and 2018. All 619 are baptized members of the aforementioned churches and are therefore considered converts in this report.

In reviewing current research on religion and conversion, the report shows that religion cannot be understood solely as a system of ideas. All current research on religion considers religious faith to be multidimensional, and the last few decades of research emphasize the social and material dimensions of religious practice. Conversion must therefore be understood, in the light of this research, as a multifaceted process rather than as an emotional or conceptual transition from one worldview to another.

The quantitative analysis shows that 68% of the converts represented in the study are denied asylum on the grounds that their faith is not judged to be genuine. In cases where conversion became a relevant factor late in the asylum process, the figure for negative decisions increases to 81%. Furthermore, it is apparent that converts’ proven involvement in church life plays a negligible or nonexistent part in the decisions. One of the most notable aspects of the analysis is the great difference between comparable entities in the material. In two comparable congregations, one has a negative decision frequency of 52% while the same figure for the other is 84%. A comparison of the Swedish Migration Board’s offices in Jönköping and Gothenburg shows that the former has a negative decision frequency of 44% while the same figure for the latter is 80%. Furthermore, the study shows that the political leanings of the Swedish Migration Court’s lay judges have a significant effect, as SD (Sweden Democrat) lay judges reach negative decisions in 93% of cases, while the same figure for V (Left Party) lay judges is 15%. The overall conclusion of the study is that the asylum process for converts is not in accordance with the rule of law.

By means of a qualitative analysis of the content of the documents in 61 cases, a comparison has been made between the stories of the converts and the Swedish Migration Board’s motivations for decisions. The analysis shows that there is no structurally identifiable content-related difference on a group level between the converts who have received negative decisions and those who have received positive decisions. However, the study indicate clear differences in the Migration Board’s motivations in cases that have received negative decisions as compared to cases that have received positive decisions. The difference can be traced to the convert’s intellectual ability to reflect on his or her faith, with the result that it is the intellectual capacity, rather than the faith, of the convert that is judged. The analysis also shows that the Migration Board holds a dubious and inconsistent position on the public nature of faith, as converts are presumed to be able to choose to keep their faith private and secret. The qualitative analysis also shows that the converts’ membership and involvement in local churches is given negligible or nonexistent weight. In light of all of this, the conclusion of the study is that the Swedish Migration Board does not have sufficient competence to judge cases on scientific grounds in accordance with the rule of law.

In the legal section, the point is made that the right to change religion is a basic human right, as is the right to an objective asylum procedure in accordance with the rule of law. The analysis shows that the Swedish Migration Board’s decisions are often in opposition to applicable law, international law and human rights. The European Court of Human Rights, the guidelines given by the United Nations High Commissioner for Refugees and the United Nations’ Committee Against Torture all provide essential guidance concerning the application of relevant international conventions. Based on this guidance, this analysis reveals systematic deficiencies in the praxis of the Swedish Migration Board. The overall conclusion of the study is that the Migration Board’s decisions in the cases of converts included in the study are arbitrary and not in accordance with the rule of law.

The Report’s Conclusion:

The Swedish Migration Board has a weak understanding of religion and conversion which lacks scientific grounding.
The Swedish Migration Board’s decisions show unreasonable differences between comparable entities, leading to arbitrary decisions.
The Swedish Migration Board’s praxis is not based on reliable methodology, leading to inconsistent motivations for decisions.
The Swedish Migration Board does not comply sufficiently with international law and human rights conventions, leading to a lack of legal security.

On the basis of a full review of the analyzed material, the following is recommended:

Further investigation of the unreasonable and legally insecure conditions that this report has revealed must be carried out.
The Swedish Migration Board must ensure the due competence of all employees who make decisions in asylum cases in which conversion is relevant. It must ensure that no negative decisions are made without first being reviewed by a trained specialist.
The Swedish Migration Board’s legal department should appoint a group of experts in the field of religion and conversion as a resource in all cases where conversion is a relevant factor.
The converts’ cited written evidence must be valued more highly in the asylum procedure.
Until these changes are carried out, deportation of converts and asylum-seekers in whose cases conversion is a relevant factor must not be carried out.
When new guidelines are implemented:
- All asylum seekers in whose cases conversion is a relevant factor must be given the right to a new process.
- Sweden’s foreign embassies must be assigned to contact deported persons who have applied for asylum on the grounds of conversion in order to investigate whether they have been subjected to threats or treatment that can be grounds for protection. If this is the case, Sweden should offer these persons international protection.

For full report, see http://humanrightslawyers.eu/wp-content/uploads/2019/04/Konvertitutredning_summary_in_english.pdf

Authors:
Maria Gustin Bergström, Ulrik Josefsson, Maria Lindqvist, Ruth Nordström, Rebecca Ahlstrand and Jakob Svensson.

Skandinaviska Människorättsjuristerna (SHRL) är en skandinavisk juristorganisation som arbetar med att främja mänskliga rättigheter i Europa. SHRL är medlem i EU:s plattform för mänskliga rättigheter, European Union Agency for Fundamental Rights http://fra.europa.eu/en)

SHRL arbetar via internationella nätverk och organ och som styrdokument finns FN:s deklaration om mänskliga rättigheter, Barnkonventionen, Europakonventionen om de mänskliga rättigheterna och Europarådets konvention om bekämpande av människohandel. SHRL och Scandinavian Human Rights Committee delar årligen ut priset Scandinavian Human Dignity Award.

Expulsion of trafficking victim is stopped by the UN Committee Against Torture

Scandinavian Human Rights Lawyers
March 18, 2019
Phone: +46 70 725 19 17 / Email: info@shrl.eu

https://www.youtube.com/watch?v=8AzPQbOPv5c

Expulsion of trafficking victim is stopped by the UN Committee Against Torture

Scandinavian Human Rights lawyers represent Joy, who survived human trafficking for sexual purposes, and her little son. The family’s application for asylum was rejected in Sweden and the Swedish Migration Board has decided on expulsion. In the case, the Civil Society Platform against Trafficking in Human Beings has argued that Joy and her son, are at risk of being subjected to violence, trafficking and, in worst case, death by the criminal network of traffickers who have sold and exploited her previously. After the Scandinavian Human Rights lawyers filed a complaint with the UN Committee against Torture, the Committee has decided to request that the Swedish government stops the expulsion and that the matter will be examined by the Committee.

- It is not possible to describe in words how happy the clients are that they are now informed that the deportation is stopped. We claim that a deportation of the family is contrary to Article 3 of the UN Convention against Torture and Article 3 of the European Convention. It follows from these provisions that a state may not execute a rejection or expulsion order in a country if the alien is at risk of being subjected to torture and other cruel, inhuman or degrading treatment or punishment in that country. Current country information describes major risks for a previous traffic victim when returning to Nigeria. The Nigerian authorities often lack resources to protect the victims. Our clients are thus at great risk of being exposed to torture or other inhuman treatment, says Ruth Nordström, Chief Legal Counsel Scandinavian Human Rights Lawyers

- It is worrying that Swedish authorities do not take into account the specific aspects in cases involving victims of human trafficking as they examine these cases. Officers at Swedish authorities do not seem to apply the specific commitments that Sweden has made regarding victims of human trafficking and the often deeply traumatic experiences that the victims and their children have been subjected to, says Rebecca Ahlstrand, lawyer at the Scandinavian Human Rights Lawyers.

- Sweden's international commitments, under the UN Convention against Torture, the European Convention and the Convention on the Rights of the Child, mean that every child has the right to protection and respect for human rights. The Swedish Migration Board and Swedish courts have not sufficiently considered and applied these conventions in the process. An expulsion is thus contrary to human rights and to the child's best interests, says Ruth Nordström, lawyer at the Scandinavian Human Rights Lawyers.

Expulsion of Christian convert stopped by the UN Committee against Torture

Explusion of Christian convert stopped by the UN Committee against Torture

Scandinavian Human Rights Lawyers
March 14, 2019
Phone: +46 70 725 19 17 / Email: info@shrl.eu

Expulsion of Christian convert stopped by the UN Committee against Torture

Swedish Television has drawn attention to the case of the two brothers Ali and Abolfazl, where the Migration Board has decided to expel the little brother Abolfazl to Afghanistan while big brother Ali received a temporary residence permit together with their parents: https://www.svt.se/nyheter/lokalt/uppsala/han-ska-utvisas-till-afghanistan-haller-sig-gomd-i-uppsala

After Scandinavian Human Rights Lawyers filed a complaint with the UN Torture Committee, the Committee has decided to request that the Swedish Government stop the expulsion Abolfazl and that his case should be examined by the Committee.

- In our complain, we have claimed that an expulsion of our client is contrary to Article 3 of the UN Convention against Torture and Article 3 of the European Convention. It follows from these provisions that a state may not execute an expulsion order to a country if the alien is at risk of being subjected to torture and other cruel, inhuman or degrading treatment or punishment in that country. We argue that our client is a genuine convert and it is undisputed that Christian converts are being sentenced to death and tortured in Afghanistan, where the persecution of Christians is at an extreme level, says Ruth Nordström, Chief Lawyer, Scandinavian Human Rights Lawyers

- We have represented converts in a large number of cases, and it is clear that the assessment of genuine conversion is often deficient and unreliable. For example, there is no expert knowledge about religion and conversion among the authorities and the assessments lack in objectivity. This contradicts, for example, UNHCR's recommendations, says Rebecca Ahlstrand, lawyer at the Scandinavian Human Rights Lawyers.

- We look seriously at the shortcomings that occur in asylum investigations that concern religious beliefs and conversions within Swedish authorities, and are therefore delighted that the UN once again stops an expulsion concerning a convert, says Ruth Nordström, chirf lawyer, Scandinavian Human Rights Lawyers.

International Women's Day: A story about Joy, a victim of human trafficking

International Women's Day: A story about Madeleine, a victim of human trafficking.

Scandinavian Human Rights Lawyers
8 March, 2019
Phone: +46 70 725 19 17 / Email: info@shrl.eu

Joy’s story

Scandinavian Human Rights Lawyers have for several years represented the victim of human trafficking, Joy, * and her three year old son, in their asylum process. After a long struggle, they have been granted permanent residence permits in Sweden and can begin a new life and feel hope for the future again. On the International Women’s Day 2019, Scandinavian Human Rights lawyers wish to share Joy’s story through a short film and in this way shed light on the cruel exploitation that many women are exposed to throughout the world through the ongoing human trafficking.

During an oral hearing in the Migration Court in Gothenburg, Human Rights Lawyers referred to the obligations that Swedish authorities have to protect victims of human trafficking. In addition, an expulsion would be contrary to the right to private and family life, in accordance with Article 8 of the European Convention and, moreover, to the provisions of the Convention on the Rights of the Child and the principle of the best interests of the child.

In 2018, the Migration Court decided that Joy and her son would be granted permanent residence permisa in Sweden and in their judgment referred to the right to private and family life and the best interests of the child, together with the fact that it was shown that Joy was a victim of human trafficking and that she therefore needed the extra support measures she currently receives in Sweden.

* Joy is actually called something else.

Pakistani convert and human rights activist wins after complaint to the UN Committee against Torture

Scandinavian Human Rights Lawyers
6 February, 2019
Phone: +46 70 725 19 17 / Email: info@shrl.eu

Scandinavian Human Rights lawyers have since 2017 represented the Pakistani convert and human rights activist Abdul in his asylum process.

Scandinavian Human Rights lawyers have since 2017 represented the Pakistani convert and human rights activist Abdul in his asylum process. Abdul fled to Sweden after he was subjected to detention and torture in Pakistan. During his time in Sweden, he converted from Islam to Christianity. All Swedish authorities rejected his application for a residence permit and decided to expel him, despite the risk of torture and death penalty in Pakistan, which is one of the world's most dangerous countries for Christians and where political opponents in Balochistan are subjected to arrests, enforced disappearances and are subjected to torture and extrajudicial killings by the Pakistani government.

In January 2018, the Scandinavian Human Rights Lawyers submitted a complaint to the UN Committee against Torture, which immediately, through interim measures, stopped the expulsion (A.M. v. Sweden, ref. 859/2018). After a while, the expulsion decision was statute-barred in Sweden and the case was therefore referred back to Sweden by the Committee because there was no longer any risk of expulsion. The Swedish authorities then re-examined Abdul's activities, both as a convert and as a politically active human rights activist, and a lawyer from the Scandinavian Human Rights Lawyers was appointed as a public counsel.

In early February 2019, the Migration Board decided to grant Abdul a residence permit and refugee status. The Migration Board found that there was a risk for ill-treatment and that Abdul had shown that he was politically active still in Sweden and that he had been a Christian for a long time.

”It gives us great satisfaction that the Migration Board has now decided to grant our client a residence permit and refugee status. Taking into account the extensive evidence that has existed and which strengthens the client's conversion and political views, it is a reasonable and well-founded decision. However, it is worrying that it took so long and required such extensive work, including a complaint to the UN Committee Against Torture, before the Migration authorities came to this decision, ” says Rebecca Ahlstrand, lawyer and public counsel of the client, Scandinavian Human Rights Lawyers.

”The case is of principle importance and shows how difficult it is for converts to show that they have a genuine conviction. During the client's interviews in his first basic process, deficient questions were posed and it is obvious that greater expertise had been needed within the authorities. The new examination in Sweden in 2018, after the complaint to the UN, held a higher quality. Our hope is that similar cases will be examined with objectivity and legal certainty in the migration process, ” says Rebecca Ahlstrand, lawyer and public counsel of the client, Scandinavian Human Rights Lawyers.

”It is of the utmost importance that questions to converts meet the requirements which are necessary when it comes to objectivity and legal certainty and that the Migration Board makes an overall assessment of all circumstances, for example the total time that a person has been a Christian. This is not always done, but in the present case some consideration seems to have been taken to this circumstance, which is satisfying, ” says Ruth Nordström, Chief Legal Counsel of Scandinavian Human Rights Lawyers.

The case in Media:

Newspaper Dagen: https://www.dagen.se/news/fn-tortyrkommitte-stoppar-visit-convertit-1.1087779
https://www.dagen.se/abdul-malik-klarade-inte-handlaggarens-husforhor-riskerar-att-utvisas-till-pakistan-1.997761

Newspaper Världen idag: https://www.varldenidag.se/nyheter/stoppade-utvisning-av-konvertit/BbbpeD!fbqrW0C6Ldo4RZRkVABCYw/

Scandinavian Human Rights Lawyers complains to the UN Committee Against Torture

Scandinavian Human Rights Lawyers
19 November, 2018
Phone: +46 70 725 19 17 / Email: info@shrl.eu

Scandinavian Human Rights Lawyers complains to the UN Committee Against Torture

We represent Joy and her little son, Nathan. The Migration Board has decided to expel them despite the risk of being subjected to violence, re-trafficking and in worst case, death - by the criminal network that sold and exploited Joy earlier. Now we are complaining to the UN Committee Against Torture. The background is that Joy was exposed to human trafficking in Greece together with several other girls in captivity and was used in prostitution under slave-like conditions for 17 months. She was exposed to massive trauma exposure and to both physical and psychological threats and violence. During this time, Joy got pregnant. During a raid against the brothel, Joy, who was pregnant in the fourth month, managed to flee to Sweden, where she gave birth to her child.

Now, we need your support. Read more about how to give a donation here. Mark your gift with "joy"

The CSN - case

THE CSN CASE

THE CENTRAL STUDENT SUPPORT COMMISSION (CSN) has in several cases denied study funding for international studies for theological and other studies with a Christian connection in, among others, the United States. The background is the new provisions of the Study Support Regulation, which entered into force on May 1, 2018, which increases the authority's ability to deny study funding in certain situations. The preparatory work of the new regulations clarifies that study funding is not intended for education abroad that is incompatible with Swedish regulations, such as provisions on human rights and freedoms in Chapter 1. Section 2 of the Government Form and the principle of non-discrimination. The new rules were added, inter alia, following extensive criticism that Swedish study funding funded 71 Swedish students at the ultra-conservative Medina University in Saudi Arabia.

CSN FOUND THAT the current studies at Christian colleges and universities had no shortcomings in content, but that the admission process was such that they were open only to persons with Christian conviction and the applications for funding were thus denied. Human rights lawyers appealed against the decision as legal counsels of one of the applicants, stating that the Swedish Discrimination Act is unique in a global context. Almost all top universities in the United States use quotas and provide, for example, benefits to people of certain ethnicity. Even this type of selection method where, for example, race, gender and other demographic background affects the ability to be admitted to a university is discriminatory compared with Swedish conditions. If discrimination in the admissions process alone could be used as a basis for denying study support for foreign studies, a large group of students around the world would be covered, thus eliminating their student support. In view of the fact that it has been made clear that the amendment of the law would concern only a very small group, the current application could not be intended.

THE BOARD OF Appeal for student support decided to overturn CSN's decision and granted student support to Human rights lawyer's client.

Scandinavian Human Rights Lawyers wins precedent case against CSN

Press release 26 Oct 2018

Scandinavian Human Rights Lawyers
26 Oct, 2018 – PRESS RELEASE
Phone: +46 70 725 19 17 / Email: info@shrl.eu

Scandinavian Human Rights Lawyers wins precedent case against CSN

The Board of Appeal for Student Support decided to overturn the decision of the Central Student Support Board (CSN) and grant student support to the Human Rights Lawyers' client in a precedential case regarding study support for foreign studies.

- The decision of the Board of Appeal is welcome; There has been no other indication than that the university in question has a democratic value base that is in accordance with the values set out in the curriculum for the Swedish school and is consistent with human rights, said Ruth Nordström, Chief Lawyer at the Scandinavian Human Rights Lawyers

- The Board of Appeal's decision is very pleasing - it would have resulted in serious consequences for Swedish students if the possibility of study support for foreign studies would have been restricted to the extent that CSN claimed in their decision, said Rebecca Ahlstrand, lawyer at the Scandinavian Human Rights Lawyers.

The Central Student Support Commission (CSN) has in several cases denied study funding for international studies for theological and other studies with a Christian connection in, among others, the United States. The background is the new provisions of the Study Support Regulation, which entered into force on May 1, 2018, which increases the authority's ability to deny study funding in certain situations. The preparatory work of the new regulations clarifies that study funding is not intended for education abroad that is incompatible with Swedish regulations, such as provisions on human rights and freedoms in Chapter 1. Section 2 of the Constitution (Regeringsformen) and the principle of non-discrimination. The new rules were added, inter alia, following extensive criticism that Swedish study funding funded 71 Swedish students at the ultra-conservative Medina University in Saudi Arabia.

CSN found that the current studies at Christian colleges and universities did not have any shortcomings in their content or values, but that the admissions process was such that they were open only to persons with Christian conviction. Human rights lawyers appealed against the decision as legal counsels of one of the applicants, stating, inter alia, that the Swedish Discrimination Act is unique in a global context. Almost all top universities in the United States use quotas and provide, for example, benefits to people of certain ethnicity. Even this type of selection method where, for example race, gender and other demographic background affects the ability to be admitted to a university is discriminatory in comparison with Swedish conditions. If discrimination in the admissions process alone could be used as a basis for denying study support for foreign studies, a large group of Swedish students in the whole world would be affected. If their study support would be taken away Swedish students would be isolated internationally. In view of the fact that, in the preparatory works, it was emphasized that the amendment of the law would only concern a smaller group of students, the current application could not have been intended. In the review it is important to assess the value base for the school and not only the admission system as such by means of an overall assessment.

The Board of Appeal decided supported the view of Scandinavian Human Rights Lawyers and overturned CSN's decision and granted the student support for study. The case is precedent for future application of the provision in question.

For more information:

Email: info@shrl.eu
Web: humanrightslawyers.eu

Mostafa risks death penalty if expelled to Afghanistan

Scandinavian Human Rights Lawyers is representing Mostafa in a conversion case. When Mostafa arrived in Sweden he was invited to a church and the interest for Christianity arose. Mostafa began to take part in Bible studies and conversation groups and nearly two years later he got baptized. Mostafa posted a video from his baptism and Christian messages on social media. The posts lead to him receiving several death threats, even from people in Afghanistan who wrote that they would "cut the throat" of him. Although Mostafa could explain in a clear, credible and consistent manner about his conversation, the Swedish Migration Board decided to deny Mostafa’s application for a residence permit because they didn’t consider Mostafa’s Christian faith genuine. Scandinavian Human Rights Lawyers found major shortcomings in the decision from the Migration Board. Therefore we appealed against the decision and demanded a new juridical review of his case. The Migration Court granted the appeal and now Mostafa awaits a new judicial examination of his case.

Pro Victims Justice Seminar

Pro Victim Justice Seminar at Uppsala University

On September 11, Scandinavian Human Rights Lawyers organized a seminar at Uppsala University together with the University´s project U-FOLD. The seminar is part of an EU funded justice project, focusing on the legal protection of victims of trafficking and domestic violence. Scandinavian Human Rights Lawyers works together with partners in Bulgaria, Romania and Germany on this project. The participants were lawyers, judges, police, NGO´s and authorities in Sweden, Romania, Bulgaria, the Netherlands and the United Kingdom. Among the speakers where Charlotte Eklund Rimsten, Investigation Officer to the Swedish Government, on violence in relations.

For more information about the project: http://humanrightslawyers.eu/eu-projects/protecting-victims-of-crime-pro-victims-justice-project-760112/