CCPR/C/132/D/3188/2018 Advance unedited version
3.2
He claims that the State party failed its procedural obligations to carry out a thorough
assessment of the risk he faces on return, having regard to either the individual elements
explained above, or their cumulative effect on his risk profile. He claims the judicial process
is therefore marred by procedural irregularities, which amount to a denial of justice.
State Party’s observations on admissibility and merits
4.1
The State Party provided its observations on the admissibility and merits of the
author’s communication on 26 November 2018 along with a request to lift interim measures,
which was not acceded to, and provided additional submissions on 11 March 2021.
4.2
The State Party asserts that the author’s communication is inadmissible. It refers to
the reasoning of the R.A.B. delivered on 27 March 2018, in which it held that it did not
accept the author’s account, owing to ‘inconsistent and elaborative’ statements made during
the course of the asylum process. It states that the author, during his initial screening
interview, gave September 2015 as the approximate period during which the events causing
him to flee Iran took place. However, at his substantive interview, he stated that these events
took place in March/April 2015. The State Party also refers to the RAB’s finding of
inconsistent statements as to the existence of an arrest warrant the first time authorities
attended his residence,8 and the fact that it had only been mentioned later in the asylum
process that the author’s mother had needed to use a wheelchair after being hit by a car. The
State party also refers to the finding that the author had told the immigration service that S.
had been married but divorced six months earlier but later before the RAB had stated that she
was married for six months and that he assumed she was divorced. It also refers to
inconsistent comments regarding the timeline of his interactions with S’ husband. At his
substantive interview with the Immigration Service, he claimed that he had changed his sim
card after he found out that S. was married but that the spouse had only called him after that.
However, before the Board he stated that he had received a call from S’ spouse first and then
changed his sim card.. Additionally the State Party points to the RAB’s observation that,in
his initial interview with the Immigration Service the author stated that prior to his departure
from Iran, S’ spouse, accompanied by three men had come to his mother’s home. At his
second interview with the Immigration Service, he stated that his mother’s house was first
searched after he left Iran.9
4.3
Owing to these inconsistencies, the RAB assessed that the author was not a credible
witness and therefore, had failed to render it probable that his statement affirming his
Christianity prior to leaving Iran was reliable.. Although it was accepted that the author had
been baptized whilst in Denmark, it was not accepted that the conversion took place in Iran
and therefore the conversion itself was not found to be genuine.
4.4
Further, the State Party refers tothe RAB’s reasoning thatthe author had indicated that
he planned to keep a low profile in terms of his faith if returned to Iran and, that had therefore
relied primarily on his extra-marital relationship as grounds for his asylum claim, it did not
accept that his baptism or religious belief was sufficient to trigger the State Party’s protection
obligations.10
4.5
The State Party refers to the RAB assessment that, as the facts leading to the author’s
departure from Iran were disregarded owing to the negative credibility finding, the author
had not rendered it probable that there was a specific and individualized risk of harm within
the definition of article 7 of the Alien’s Act in the event of his return to Iran. It also held that
neither the fact that he had left illegally or that he had evaded military service, taken
individually or cumulatively, were sufficient to lead to a different conclusion. Therefore, the
State Party echoes the reasoning given by the RAB for upholding the first instance decision
stating that the author has presented no new facts leading it to question the decision of the
RAB.
4