Advance unedited version CCPR/C/132/D/3188/2018 profiled by Iranian authorities19 and, therefore, it has not been rendered probable that his participation has come to the attention of authorities. 4.20 In connection with his illegal departure from Iran and his lack of passport, the State Party avers that this does not of itself present a risk of persecution referring to a decision of the UK’s Upper Asylum Tribunal 20, which states that:“(a) An Iranian male whom it is sought to be returned to Iran, who does not possess a passport, will be returnable on a laissez passer, which he can obtain from the Iranian Embassy on proof of nationality and identity; and (b) An Iranian male in respect of whom no adverse interest has previously been manifested by the Iranian State does not face a real risk of persecution/breach of article 3 rights on return to Iran because of having left illegally or being a failed asylum seeker. No such risk exists at the time of questioning on return to Iran nor after the facts (i.e. of illegal exit and failed asylum claim) have been established. In particular, there is not a real risk of prosecution leading to imprisonment.” 4.21 Further reference is made by the State Party to background information published by the UK Home Office21 in which it is confirmed that asking for asylum abroad is not illegal in Iran and that persons who have left Iran illegally, if they are not on the list of persons banned from leaving Iran, will not face problems with authorities on their return, although they may face a fine and, if they left having previously committed a crime, it is only for the crime itself that they will be punished.22 4.22 With regard to the author’s assertions of conscientious objection to military service on the basis of his Christian beliefs, the State party refers to the Danish Ministry of Foreign Affairs’ 2017, note which states that sanctions for not complying with mandatory national service are generally limited to not being able to obtain a driver’s license and does not usually lead to imprisonment.23 Further, simultaneous illegal departure is noted to have no bearing on the penalty. The State party also submits that since the conversion is not thought to be sincere, religious belief is not deemed to be a genuine basis for avoiding military service. 4.23 As regards the author’s claim that the RAB failed to consider all the risk factors cumulatively, the State Party states that the R.A.B. is generally very attentive to the cumulative significance of circumstances in each case, in accordance with UNHCHR Guidelines, which underline the importance of considering factors that alone may not lead to a risk of persecution but, when taken together with other adverse elements, may lead to wellfounded fear of such for the individual. 4.24 As to the refusal by the R.A.B. to allow the author to call a witness and his contention that there was insufficient reasoning given in support of the refusal in the RABs decision of 27 March 2018, the State party recalls that, in accordance with section 54(1) of the Alien’s Act, it is for the R.A.B. to decide on the examination of asylum seekers, witnesses and on the provision of other evidence. Furthermore, it refers to the RABs jurisprudence that witnesses are generally only called if their evidence relates to the central asylum claim, rather than in support of their general credibility and even in cases where their testimony is directly 20 SSH and HR (illegal exit: failed asylum seeker) Iran CG, [2016] UKUT 00308 (IAC), United Kingdom: Upper Tribunal (Immigration and Asylum Chamber), 29 June 2016, Para 33, available at: https://www.refworld.org/cases,GBR_UTIAC,577a6cc84.html 22 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/ file/868800/Iran_-_Christians-Converts_-_CPIN_-_v6.0_-_Feb_2020_-_EXT_PDF.pdf, para 5, accessed 27 January 2020. ´”Note on Call for Military Service and Penalties for Absence of January”, 2017, The December 2013 General Official Report of the Netherlands Ministry of Foreign Affairs noted that ‘The evasion of military service is punishable under Article 40 of the Armed Forces Penal Law by imprisonment of six months to two years, or an extension of the service. ‘Young men from the age of 18 who are called for military service but do not present themselves to the authorities are considered as draft evaders. There is no alternative military service in Iran and conscientious objection is not recognized. Draft evasion is liable for prosecution, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/878 219/Iran_-_Military_Service_-_CPIN_-_v2.0_-_April_2020.pdf. 23 7