J.K. v. SWEDEN

2025-02-27T00:00:00
Published on 17 March 2025   FIRST SECTION Application no. 34931/24 J.K. against Sweden lodged on 25 November 2024 communicated on 27 February 2025 SUBJECT MATTER OF THE CASE The applicant, an Afghan national, requested asylum in Sweden in 2015. He submitted that he was at risk in Afghanistan due to, among other things, his father’s previous work and his Hazara ethnicity. The Swedish authorities refused his request. The applicant lodged an application with the Court, complaining that his deportation would violate Article 3 of the Convention and that there had been a violation of Article 6 of the Convention. In February 2018 his application was declared inadmissible. In 2021 the applicant once more requested asylum in Sweden. He relied on the same grounds as before and added, among other things, that he risked ill-treatment due to the changed circumstances in Afghanistan and his “westernisation”. The Swedish authorities refused his request. The applicant complains that if he were to be deported, he would face a real risk of being subjected to treatment in breach of Articles 2 and 3 of the Convention. He also complains that his deportation would violate Article 8 of the Convention. His request for an interim measure under Rule 39 of the Rules of Court was granted by the Court on 8 January 2025.     QUESTIONS TO THE PARTIES 1.  In the light of the applicant’s claims, the documents which have been submitted and relevant country information, would he face a risk of being subjected to treatment in breach of Articles 2 and 3 of the Convention if he were deported to Afghanistan?   In particular, would he face such a risk on account of his Hazara origin and his so-called “westernisation”, alone or in combination with any further circumstances, taking into consideration, inter alia, country information regarding the situation in Afghanistan for individuals of Hazara ethnicity and individuals perceived as influenced by foreign values (see, for example, UN High Commissioner for Refugees (UNHCR), Guidance Note on the International Protection Needs of People Fleeing Afghanistan (Update I), February 2023, § 16 (iv), and European Union Agency for Asylum (EUAA), Country Guidance: Afghanistan 2024, May 2024, Common analysis, sections 3.13 and 3.14.2)?   2.  Would the applicant’s deportation violate his right to respect for his private and family life under Article 8 of the Convention?