An Afghan Hazara Woman, currently stranded in Pakistan, has appealed an initial negative decision by the Spanish authorities to refuse her entry to Spain to enable consideration of a claim for asylum.

33 Bedford Row's Dr S Chelvan, Head of Immigration and Public Law, leading Carl Buckley, have been instructed to assist.  In co-operation with the UK-based NGO 'Free from Fear' Dr Chelvan and Carl Buckley assisted Noor Ammar Lamarty, a Madrid-based Law, Advocacy and Policy representative of the US-based NGO Too Young To Wed in drafting the grounds of appeal.  The appeal has been lodged with the Spanish Embassy in Islamabad on 11 February, where the appellant, who has no leave to remain in Pakistan, is stranded with her family.

The grounds of appeal firstly address the real risk of refoulment, contrary to Article 33 of the 1951 Refugee Convention for undocumented Afghan nationals, leading secondly to a real risk of persecution upon forced return to Afghanistan.  Drawing from the very recently published 24 January 2023 European Union Asylum Agency's Country Guidance report on Afghanistan, the second ground makes clear the double-bind of race (Hazara ethnicity), and Particular Social Group (gender) gives rise to a real risk of double-persecution to the appellant.  The 2023 EUAA report, uses the language of the relevant EU 2011 Re-cast Qualification Directive standards to establish real risk.  The EUAA makes clear Women and Girls from Afghanistan are Refugees.

Carly Sparkes, Deputy Director of Free From Fear, supporting the family, said “our client, a woman of standing from a marginalised community, took a position contrary to that of the Taliban at great personal risk to herself, never thinking the worst would happen.  The worst has now happened, and her position in exile is both untenable and unstable. Spain must not abrogate their responsibility towards her and her family.”