CAT/C/63/D/744/2016 Advance unedited version 2.8 The complainant appealed, but on 22 May 2015, the Migration Court of Appeal denied leave to appeal. Therefore, the decision to expel the complainant became final. 2.9 On 2 July 2015, the complainant submitted a request for Interim Measures to the European Court of Human Rights. On 17 July 2015, the European Court of Human Rights informed the complainant that his request for interim measures was rejected and that, the Acting President sitting in a single judge formation decided to declare his application inadmissible. The letter thus mentions that “[i]n the light of the material in its possession and in so far as the matters complained of are within its competence, the Court found that the admissibility criteria set out in articles 34 and 35 of the Convention had not been met.” 2.10 On 15 June 2016, the complainant applied for residence permit, invoking impediments to enforcement of the expulsion decision and claiming reconsideration of his case, based on the existence of new facts. On 23 August 2016, the Migration Agency decided not to grant a residence permit according to Chapter 12, Section 18 of the Aliens Act or a re-examination of the case according to Chapter 12, Section 19 of the Aliens Act. The complainant did not appeal the decision to the Migration Court and he subsequently left Sweden. The complaint 3.1 The complainant claims that his forcible return to the Islamic Republic of Iran or to the Republic of Iraq would constitute a breach by Sweden of article 3 of the Convention. 3.2 He submits that he would face a real risk of being subjected to treatment contrary to the Convention if he were deported to the Islamic Republic of Iran or to the Republic of Iraq, given that his strong connection with the KDPI makes him of great interest for the Iranian Government, because people like him lead the political movement forward and thus create problems for the Government. Political opponents in the Islamic Republic of Iran are frequently imprisoned, abducted, murdered or tortured, and members of the KDPI are particularly exposed to these kind of threats. 7 The Iranian authorities refer to KDPI as a terrorist group and the Ministry of Foreign Affairs reports that Kurds expressing themselves politically are likely to be arrested, imprisoned and tortured.8 3.3 The complainant fears that given that he belongs to a well-known and politically active family with strong connections with the KDPI leaders, he is at risk of being exposed to assaults whether residing in Iraq or in Iran. Iranian citizens move relatively freely within the KRI and a great number of KDPI members have already disappeared or killed in Iraq. The complainant considers that this implies that the border between Iran and Iraq does not hinder the Iranian Government from acting against dissidents who enter Iraq and that the Iraqi Government cannot provide protection for dissidents against the Iranian Government. He has been the leader of the KDPI youth wing and, as such, he has participated in TV and radio interviews on several occasions. He has also participated in all of the KDPI’s convents and sang in the KDPI’s choir. Thus, he is well-known to the Iranian Government due to his family history and his own connections with the KDPI. 3.4 The complainant also submits that the close relations between the Iraqi and the Iranian governments and the fact that members of the KDPI have neither citizenship nor residence denotes a lack of determination from the Iraqi authorities in protecting KDPI members. Even if he receives full protection within the refugee camp, which is not very likely, it is not reasonable to expect from him to spend the rest of his life in the camp area. 7 8 4 The complainant refers to a report by the Danish Refugee Council, Iranian Kurds, September 2013, available at https://www.nyidanmark.dk/NR/rdonlyres/D82120CB-3D78-4992-AB574916C4722869/0/fact_finding_iranian_kurds_2013.pdf, which states that “low profile supporters of KDPI will be taken to detention and be kept there for few days. Sometimes, they are tortured during the interrogation to confess” (p. 17). He also cites a report by the United Kingdom Home Office, Country Information and Guidance – Iran: Kurds and Kurdish political groups, July 2016, available at http://www.refworld.org/docid/578f67c34.html, which assumes that “persons with a high political profile as well as human rights activists and those seeking greater recognition of their cultural and linguistic rights are targeted by the authorities because of their political opinion” (p. 6). However, the complainant does not provide any reference to these allegations.