CAT/C/53/D/450/2011 2.8 On 6 December 2004, the former Swiss Federal Office for Refugees (now the Federal Office for Migration) turned down his application for asylum and ordered his deportation from Switzerland before 31 January 2005. On 7 January 2005, he lodged an administrative appeal with the Swiss Asylum Appeals Commission (currently the Federal Administrative Court), which dismissed his appeal on 14 March 2006. On 6 May 2006, the complainant filed an application for reconsideration with the Swiss Asylum Appeals Commission, which refused to take action on the grounds that the fees for the legal proceedings had not been paid. 2.9 On 22 February 2007, the complainant was taken by the Swiss police to the Yemeni Consulate in Geneva to obtain a laissez-passer for the purpose of his deportation. On that occasion, the Consul of Yemen learned that he belonged to the Akhdam caste and threatened him with reprisals if he returned to Yemen. 2.10 That same day, the complainant submitted a new appeal to the Federal Office for Migration for reconsideration of the decision of 6 December 2004, on the grounds that he was afflicted with a nasal mucous membrane disorder. The complainant asserted that he would not be able to receive adequate treatment in Yemen because of belonging to an inferior caste. 2.11 On 13 September 2007, the Federal Office for Migration dismissed the appeal on the grounds of non-payment of legal fees. On 18 October 2007, the complainant lodged an administrative appeal against the dismissal and applied to have the deportation order quashed. 2.12 On 8 November 2007, the Federal Administrative Court rejected the complainant’s appeal on the grounds that his state of health did not justify suspending the deportation order. The complainant then went into hiding for two years. The Swiss police arrested him in Biel/Bienne on 7 November 2009 in the course of an identity check. 2.13 On 12 November 2009, the complainant filed a second application for reconsideration with the Federal Office for Migration based on the threat made by the Consul of Yemen in Geneva. This application was rejected on 9 February 2010. 2.14 On 11 March 2010, the complainant lodged an appeal with the Federal Administrative Court and invoked new grounds for asylum, namely his political activities in Switzerland. The complainant explained that, on 5 December 2009, he had become a member of the Southern Democratic Assembly, which supports the secession of the south from the rest of Yemen. He claims to have written various anti-government articles in opposition newspapers and websites and to have participated in a number of demonstrations in Switzerland. He is now one of the leaders of the movement in Switzerland and organizes meetings. 2.15 On 2 June 2010, the Federal Administrative Court decided to refer the entire case back to the Federal Office for Migration for a fresh decision on the complainant’s new grounds for asylum, namely his political activities. On 9 September 2010, the Federal Office for Migration rejected the complainant’s application for asylum. Regarding the Consul’s threat against the complainant, the Office considered that the complainant’s account was not credible. The Office official who had accompanied the complainant to the Consulate of Yemen reported that he had insulted those present at the Consulate and had complained about the Swiss authorities’ management and about the situation in Yemen, which might have offended the Consul, but she had not been aware that any threat had been made against the complainant. With respect to the complainant’s political activities, the Office inferred from the documents provided that he was not a prominent opponent of the Yemeni Government. The Office considered that the fact that the complainant wrote articles and participated in demonstrations did not suggest that his political involvement was particularly active and pointed out that his claim had been submitted belatedly, after he 4 GE.15-00369