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authorities. Even though she received several questions from both the Agency and her public
counsel, she was unable to develop her answers with regard to the cited events.
4.22 In its decision of 29 May 2018, the Swedish Migration Agency noted that L.H. had
applied for, and was granted, a Russian passport in January 2018, at the same time that she
had claimed that a warrant for her arrest had been issued. The Agency considered it unlikely
that the Russian authorities would issue a passport to someone for whom an arrest warrant
had been issued. In addition, the Agency noted that L.H. had claimed that information about
her situation was available on the Internet. However, even though L.H. was given the
opportunity to submit documentation of that, she did not do so. In an overall assessment of
the complainants’ cited evidence and their oral accounts, the Agency found that they had not
plausibly demonstrated that they would risk treatment warranting international protection
upon their return to the Russian Federation.
4.23 In its judgment of 19 December 2011, the Migration Court noted a number of
inconsistencies in L.H.’s account. For example, she had never been politically active or had
any problems with the authorities before the alleged attack at her family’s home. She stated
different information regarding her whereabouts when the attack happened at the latter
hearing. She also provided three different accounts regarding when and why she supposedly
travelled to Moscow with her husband. She furthermore provided completely different
information regarding her alleged reporting to the police of her husband’s disappearance.
During her asylum investigations in January and February 2010, she stated that she had
reported his disappearance to the police, the prosecutor’s office, the president of Ingushetia
and various human rights organizations. However, during the Court’s oral hearing, she
claimed that it would have meant a death sentence for her to have reported him missing. The
Court held that she could not have felt very threatened by the Russian authorities, given that
she stayed at her uncle’s farm after the security service had supposedly been there to ask
questions about her husband. In that regard, the Court also noted that it was strange that the
uncle had not experienced any problems with the authorities, even though he had been in
frequent contact with them. In an overall assessment, the Court did not deem L.H.’s account
to be credible and found her cited grounds for asylum to be insufficient to grant the
complainants international protection.
4.24 In its judgment of 21 September 2018, the Migration Court noted that L.H. had mainly
cited the same circumstances as she had in her previous application for asylum. However,
she claimed that the security situation in Ingushetia was poor and that the federal police had
visited her relatives, conducted house searches and enquired about her. She also claimed that
her brother was an active opponent of the regime before he was murdered and that her
brother’s opposition activities were the reason that she was being persecuted and the reason
for her husband’s disappearance.
4.25 Regarding L.H.’s oral account, the Migration Court noted several inconsistencies.
During the oral hearing, L.H. claimed that her brother’s opposition activities were the reason
that he and her mother were murdered, and that those activities were the reasons for her
husband’s disappearance. However, during the two asylum investigations carried out in 2010,
she had stated that she was unable to see any reason as to why her brother or mother were
murdered. Furthermore, she denied that her brother had any connection to the rebels in
Ingushetia or any other similar group. In 2010, she also claimed that she was persecuted
because of her husband. However, she was unable to explain why her husband had
disappeared and stated that it might be due to the fact that he had worked within the police
and had links to a prosecutor who was murdered in 2007. The Court considered that the
account regarding the alleged threat had changed substantially compared with the first time
that the complainants applied for asylum.
4.26 The State party shares the assessment made by the domestic migration authorities that
L.H. lacked credibility to such an extent that there was reason to question the veracity of her
claims regarding the alleged threat from the Russian authorities. The State party holds that it
is not a matter of minor inconsistencies; rather, L.H. has provided different accounts
regarding events of crucial importance. Moreover, the complainants have submitted entirely
new information before the Committee that has not been cited before the domestic authorities.
The claim that L.H.’s alleged cousin was kidnapped and killed in 2009 was not cited before
the domestic authorities and, as far as the Government is aware, neither was the claim that
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