CAT/C/46/D/357/2008 Refugees had already been considered during the first asylum procedure and that there have been no new developments in this connection since then. It reaffirms that it cannot be inferred from the information put forward by the complainant regarding his various activities that he would be perceived as a leader of an opposition organization representing a potential threat to the Iranian regime and that he would, therefore, be at risk of being tortured if returned. 4.6 When considering the complainant’s first asylum application, the Federal Office for Migration11 had carefully examined a newspaper article which he had written and had concluded that, although it seemed to use a call for the overthrow of the Mullahs’ regime as a catchphrase, it did not give the impression that the complainant held clearly delineated political beliefs or that he represented a potential danger to the regime in the Islamic Republic of Iran. The article rather seemed to have been intended to serve as grounds for asylum following the complainant’s flight from the Islamic Republic of Iran, and the Iranian authorities would be able to see that. 4.7 Regarding the complainant’s participation in radio broadcasts with political content, the State party notes that the Federal Office for Migration concluded that the complainant had not demonstrated that the Iranian authorities had been aware of this or that they would consider him as dangerous on this basis. Finally, the State party maintains that the complainant has not provided any evidence to demonstrate that the fact that he belongs to the Kurdish minority would increase his risk of being persecuted if returned. Complainant’s comments on the State party’s submission 5.1 On 16 June 2009, the complainant contended that the fact that the Democratic Association for Refugees is not included in the list of the most prominent Iranian opposition organizations is explained by the fact that this list is only indicative in nature. He further states that, when the report of the Swiss Refugee Council was published, the Democratic Association for Refugees was still a young association that was not well known enough to be classed with other, older opposition movements. However, several court decisions of the State party have recognized the existence of the Democratic Association for Refugees. The complainant objects to the fact that the State party is echoing newspaper articles that describe the political activism of the Democratic Association for Refugees as nothing more than an alibi for asylum-seekers and asserts that such a point of view is marginal and inaccurate. 5.2 With regard to the decision of the Federal Administrative Tribunal of 16 August 2008 to grant asylum to a member of the Democratic Association for Refugees, the complainant maintains that the person concerned was, like him, a cantonal representative of the Democratic Association for Refugees, and that this person’s name also appeared, along with his contact details, in Kanoun magazine. According to the complainant, the Federal Administrative Tribunal has therefore explicitly recognized that holding a position as a representative of the Democratic Association for Refugees at the cantonal level and having one’s name and contact details published should be considered as an indication that such a person would be perceived to be a danger to the regime in Tehran. He adds that, in a more recent decision, the Tribunal also granted refugee status to an asylum-seeker who was a member of the Democratic Association for Refugees and whose political profile was lower than that of the complainant, as he was simply responsible for security during demonstrations.12 The complainant adds that the Federal Office for Migration has accorded 11 12 6 Decision of 26 November 2007. The complainant refers to decision No. D-4581/2006 of 19 February 2009, para. 4.3.

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