Beviskravet ”sannolikt” och bevisvärdering i konversionsärenden

Sammanfattning: How is evaluation of evidence executed in asylum procedures when religion is cited as reason for asylum? The purpose of this essay is to try to determine an answer. The applicant has the burden of proof and must make identity, reason for protection and the conversion stated probable to be granted a residence permit. Therefore, the conversion from one religion to another should be proved that it is based on a genuine, personal religious belief. The assessment entails some difficulties regarding the submission of evidence and evaluation of evidence. One of the difficulties is to assess the applicant’s belief. Another difficulty is that the applicant, for different reasons, only may have a story as evidence. What is required of the applicant to meet the evidentiary requirements but also how the evidence should be evaluated does not have general answer. However, the ambition with this essay is to determine what affects whether the applicant has stated or not stated probable to be granted asylum. By some court cases it shows for example that evidence such as certificate for baptism or testimonial from church members is evaluated low in the assessment of whether the conversion is genuine or not. However, a story that is coherent and detailed makes the impression of that the conversion is prudent is considered to have a higher value. Furthermore, the Migration Court seem to take in account the personal relation towards the new religious belief and if the applicant fear for religious persecution. Since the conclusion of the evaluation of evidence brings about significant consequences for the applicant the assessment needs to ensure legal certainty. To ensure the converts legal security basic principles of objectivity and predictable assessments etcetera, should be weighed up against ethical values such as justice and flexibility etcetera. Evaluation of evidence is basically unregulated which makes room for unpredictable and subjective assessment of applications of asylum. On the other hand, such room might be necessary to take in account circumstances in the specific and individual case to ensure the converts legal security.