CAT/C/53/D/458/2011
refused to issue her a residence permit. 3 At that hearing, the complainant also informed the
Board about her and her family’s detention in connection to her father’s activities and that
they had been forced to run barefoot on gravel. The repeated detention of the complainant,
including in secret prisons in connection with her and her father’s activities relating to the
Oromo Liberation Front, as well as her extensive torture, was only mentioned in the
Amnesty International report in June 2009. The State party finds it unlikely that the
complainant would withhold such crucial information during the entire course of the
asylum proceedings and supports the decision of the Refugee Appeals Board to disregard
the alleged incidents.
4.8
The State party further addresses the justification for late submission of such
important information, namely, the statement in the Amnesty International report of 2 June
2009 about the complainant’s apparent lack of awareness that information on her political
activities, imprisonments and torture was of importance to her application for asylum. In
this context, the State party observes that, in the introductory phase of asylum proceedings,
the police provides detailed guidance both in writing and orally to asylum seekers about
their duty to provide the information required to decide their application for asylum. In the
present case, the complainant confirmed her statement and signed the asylum registration
reports of 7 and 13 September 2007 after they were read out to her. The same guidance was
given by the Immigration Service before the interview. The report of the interview with the
Immigration Service of 14 March 2008 was also translated and reviewed by the
complainant, who had an opportunity to make comments to it. No comments were made
when the complainant signed the interview report. The complainant had an experienced
asylum counsel assigned to her with whom she had two meetings before the hearing at the
Refugee Appeals Board. Despite all of the above, even at the Refugee Appeals Board
hearing on 17 October 2008, the complainant failed to explain the motive for applying for
asylum. For the above reasons, the State party considers that the justification for the late
submission of the crucial information submitted in the Amnesty International report must
be rejected.
4.9
Regarding the interpreting problems alleged by the complainant, which resulted in
incorrect information about her political activities and problems with the authorities in
Ethiopia, the State party observes that no such problem appeared after the asylum
registration report of 7 September 2007, when the complainant signed the interview report
of the Immigration Service or at the Refugee Appeals Board hearing, where an Oromo
interpreter was present. The State party thus considers that there is no basis to believe that
there is information in the present case that has not been brought to light owing to
interpreting problems.
4.10 Addressing the complainant’s claim that the Refugee Appeals Board committed an
error in not requesting her to be examined for torture on 17 October 2008, the State party
submits that the complainant did not request such an examination. Moreover, the plea
submitted to the Refugee Appeals Board contained no information about her detention and
torture. It was only at the hearing itself that the torture was mentioned by the complainant.
Therefore, the State party does not find an error in the decision of the Refugee Appeals
Board not to request a medical examination.
4.11 Regarding the allegation of the complainant that the refusal of the Refugee Appeals
Board of 4 March 2010 to reopen the proceedings prevented her from submitting new
substantial evidence, including the report on torture by Amnesty International of 2 June
2009, the State party states that the Refugee Appeals Board did in fact consider the
3
6
The type of the residence permit and the date of the decision of the Immigration Service are not
specified.