CAT/C/46/D/379/2009
in connection with her journey to Sweden. She further claimed that she would be at risk
even if she were to relocate to Kinshasa or to another part of the DRC. She maintained that
she was wanted by authorities and would be detained upon return. The State party submits
that, according to medical reports provided by the complainant, she was in good health,
apart from complaints of back pain.
4.5
In a submission dated 17 November 2006, counsel informed the Migration Board
that the complainant had worked with people from Kinshasa and had moved around DRC,
this having an impact on her pronunciation. She worked closely with the pastor and
therefore became the next target after his death. Counsel also stated that the general
situation of women in DRC makes it impossible for the complainant to relocate internally,
and maintained that medical reports corroborate the complainant’s allegations of illtreatment in detention.
4.6
The Migration Board rejected the complainant’s asylum request on 11 July 2007 on
grounds that she had not provided any information to prove her identity or her activity in
the parish. It also recalled that, according to her statements, the complainant had not been
persecuted or convicted of any crime. The Migration Board had therefore found that she
failed to substantiate her allegation that she ran the risk of persecution due to her religious
and political beliefs. The complainant’s story about travel documents and travel itinerary
was not deemed credible. The Board concluded that the circumstances of the complainant’s
case were not exceptionally distressing so as to justify the granting of a residence permit.
4.7
The complainant appealed against the decision of the Migration Board, claiming that
her identity could be verified through the language analysis conducted by the migration
authorities. She also recalled that arbitrary arrests, rapes and torture are common in DRC.
The complainant further held that, according to the country information that the Migration
Board had obtained from the Swedish embassy in DRC, it is possible to bribe guards at the
airport of Kinshasa in order to leave the country. The Migration Board requested the
Migration Court of Stockholm to dismiss the complainant’s appeal, arguing that the
complainant had not been politically active in DRC and held no prominent position within
the parish, which made it improbable that she would be of interest to the authorities upon
her return.
4.8
On 3 October 2007, the complainant supplemented her appeal with two documents:
a medical report in support of her claim that she suffered from health problems as a
consequence of the abuse allegedly suffered by her in DRC, and a letter from a Swedish
parish which testified to her religious conviction. On 26 February 2008, the Migration
Court rejected the complainant’s request for an oral hearing.
4.9
On 25 March 2008, the complainant submitted a report issued by a psychotherapist
working for the Red Cross, dated 14 March 2008, indicating that she suffered from sleeping
problems caused by her possible return to DRC and that she was still affected by the
violations to which she was subjected in her home country. In a submission to the
Migration Court, the Migration Board contested the relevance of the medical report and
maintained that the complainant failed to substantiate the claim that she ran the risk of
persecution due to her alleged connection with the parish. She had not proved her
membership in the parish or that she had been politically active, or that the members of the
parish were particularly exposed to the risk of being subjected to ill-treatment.
4.10 The complainant’s appeal was rejected by the Migration Court on 23 May 2008. The
Court concluded that the complainant failed to provide sufficient documentary evidence in
support of her claims. The Court also found her story about the escape from prison and
travel to Sweden vague and improbable. The complainant failed to substantiate her claim of
being a refugee or a person otherwise in need of protection pursuant to Chapter 4, Sections
1 and 2, of the Aliens Act. Furthermore, after having considered the complainant’s state of
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