Advance unedited version CAT/C/63/D/744/2016
country of origin information, to which reference has been made by the Swedish Migration
Agency in its decision of 25 December 2013, Iranian refugees are provided with an Iraqi ID
card and a residence permit.26 The UNHCR has also issued a certificate to all Iranian
refugees in the KRI with which the refugees are free to travel throughout Iraq. In addition
to ID cards, Iranian refugees in Iraq hold a Public Distribution System (the food ration
distribution system) card. According to that information, the cards held by Iranian refugees
vary between different refugee camps, but there is no indication that some Iranian refugees
would not having received at least one of the abovementioned cards. The Migration Agency
also noted in its decision that it has been possible for Iranian citizens to receive Iraqi ID
cards and Iraqi citizenship following long residence in the country.27 Nonetheless, in that
case, the complainant had, inter alia, submitted an ID card issued by the KDPI in Iraq,
membership cards of the KDPI and certificates of studies from the KDPI, in support of his
identity. As noted by the Migration Agency in the aforementioned decision, the ID card is
of a simple nature as it lacks a data chip, fingerprints, hologram, security features or any
other element that might guarantee its authenticity. Nor is the document issued by a
competent authority. According to the Migration Agency, the complainant has neither
proved nor plausibly demonstrated his identity through the documents he submitted, but
they have been considered as evidence of his residence in Iraq. The State party shares the
assessments made by the Migration Agency and by the Migration Court in respect of the
complainant’s identity and also the fact that his grounds for protection should be assessed
in relation to Iraq, a country where the complainant has resided throughout his life.
4.13 As to the allegations that the complainant risks being subjected to torture by the
Iranian authorities, which can easily find him in Iraq due to his and his family’s
membership of KDPI, the State party first notes that the complainant has not been subjected
to any specific or personal threat by the Iranian regime. The State party however notes the
complainant’s argument that he has been indirectly subjected to a threat since other KDPI
members who left the refugee facility have been murdered by Iranian agents and terrorist
organisations linked to the Iranian regime. Secondly, even though there is no reason to
question that the complainant is a member of the KDPI, this does not alone entail that he
risks treatment constituting grounds for protection upon return to Iraq. Thirdly, when
witnesses heard by the Migration Court declared that the complainant and his family were
known to the authorities in Iran due to the paternal grandfather’s and the father’s political
activities, and that the family was also known among active members of the KDPI in Iraq
due to their longstanding political activities, the Migration Court did not contest the
credibility of that information, but noted that the witnesses only described a threat to party
members in Iraq in general terms. Finally, the complainant was born and grew up in the
Iraqi Kurdistan, and attended school in Iraq for a total of fourteen years. His parents and
siblings still reside in Iraq and his family have on several occasions been offered refugee
status in Iraq by UNHCR, but have refused. The Migration Court found that nothing had
emerged in the case to support the complainant’s claim that he does not have a right to
remain in Iraq. The State party shares the Migration Court’s conclusion that the
complainant has not plausibly demonstrated that he is in need of protection in Iraq on the
ground that he does not have a legal right to remain in the country.
4.14 The State party further notes that the complainant, during the domestic asylum
proceedings, has not stated in what way he has been personally subjected to threat by
representatives of the Iranian authorities, but simply referred to a threat of persecution
based on his engagement within the party. He was also not able to describe his duties within
the party. Moreover, he admitted that he has never been convicted of a crime, arrested or
detained. He has thus not been subjected to any kind of persecution on the part of the
authorities. The State party therefore agrees with the conclusion of the domestic authorities
that the complainant has not sufficiently demonstrated that his fear of being subjected to
treatment that would constitute grounds for protection, in the form of persecution for his
political views, is well-founded.
26
27
Iranian Kurdish Refugees in the Kurdistan Region of Iraq (KRI) Report, cited above.
The State party refers to Concerning Iranian citizens who are long-term residents of Northern Iraq
Report, without providing further details.
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