CAT/C/47/D/365/2008
statute-barred, a new application to the Migration Board with the possibility to appeal to the
Migration Court must be seen as an effective remedy against the alleged risk of a violation
of article 3. Furthermore, the State party refers to rule 110, paragraph 2, of the Committee’s
rules of procedure,12 according to which a decision on inadmissibility for non-exhaustion of
domestic remedies may be reviewed upon receipt of a request by or on behalf of the
complainant containing information to the effect that the reasons for inadmissibility no
longer apply, and states that it will be possible for the complainants to have their case
examined by the Committee if their new application for asylum and residence permits is
rejected.
Complainants’ comments on the State party’s observations
8.1
In a letter dated 11 March 2011, the complainants state that the situation in
Afghanistan is worsening and that the risk to which they would be exposed in case of their
deportation is well known, claiming that they will be imprisoned and extrajudicially
executed if they were to return to Afghanistan. They add that they lived in Afghanistan for
a very short period of time, and during that time they were subjected to persecution and illtreatment. During many years, they lived in the Islamic Republic of Iran as refugees and
they have no connection to Afghanistan. They further claim that they originate from a
dangerous region where terrorists, military and other armed groups are waging war. The
complainants submit that their mother, brother and sisters live in Sweden and they want to
live peacefully in Sweden, close to their relatives, and to continue their studies and plan for
their future.
8.2
On 21 March 2011, the complainants commented on the State party’s submission of
19 April 2010. They maintain that Sweden rejected their asylum applications despite their
claims being well founded. They believe Sweden is determined to deport them to a country
which they barely know and where they do not have any siblings. The complainants further
state that they have lost their confidence in the Swedish migration authorities and therefore
decided not to re-apply for asylum as recommended by the State party, fearing that their
new asylum applications would be automatically rejected and that Sweden would proceed
to their deportation to Afghanistan without further notice.
Additional submission by the State party
9.
On 27 April 2011, in the light of its previous submission of 19 April 2010 (see
paras. 7.1-7.4 above), the State party reiterated its position that the examination of the
present complaint should be discontinued or it should be declared inadmissible for failure to
exhaust domestic remedies, since, after the decision on the complainants’ expulsion has
become statute-barred, they have now the possibility of submitting new asylum applications
to the Migration Board with the possibility of an appeal to the Migration Court and further
to the Migration Court of Appeal.
Additional comments by the complainants
10.
By letter of 24 June 2011, the complainants maintained that Sweden is still
deporting asylum-seekers to war-torn zones in Afghanistan, despite their claims being
supported by objective and accurate evidence. Therefore, they have no trust in the
migration authorities and they do not want to resume the asylum process in Sweden. They
fear that, if they restart any procedural contacts with the Swedish Migration Board, their
applications would be turned down and their cases would be automatically referred to
12
14
New rule 116, para. 2.