CAT/C/31/D/203/2002 Page 5 person’s reasons for leaving their country of origin. Legal counsel may be present during the interviews. The asylum seeker receives a copy of a report made after the interviews, and has two days to submit corrections or additions to the report. A decision is then made by an official of the Immigration and Naturalisation Service (IND) on behalf of the State Secretary for Justice. If an application is denied, the applicant may lodge an objection. If a prima facie case of fear of persecution is demonstrated, an Advisory Committee will review the decision at first instance, and interview the applicant. A representative of UNHCR is invited to attend the interview, and to make UNHCR’s views known. A recommendation is made to the State Secretary for Justice, who decides the matter. If the objection is dismissed, an appeal can lodged with the District Court. No further appeal is possible. 4.3 The State party attests that its Ministry of Foreign Affairs periodically issues country reports on the situation in countries of origin to assist the IND in its assessment of asylum applications. From 1994 to early in 1995, based on a country report prepared in 1991 from which it appeared that the human rights situation in Iran was alarming, Iranian asylum seekers were eligible for provisional residence permits. This process then ceased, following an updated country report which indicated that the overall situation in Iran had improved. 4.4 In relation to the petitioner’s personal circumstances, the State party summarizes the details provided by the complainant to the IND during the first and second interviews of each his two applications for refugee status, and of the relevant administrative and judicial proceedings. In particular, it notes that the Iranian documents submitted by the complainant were thoroughly investigated by the Ministry of Foreign Affairs and not found to be authentic. 4.5 The State party notes that, in relation to a complaint concerning article 3, the Committee must decide whether there are specific grounds indicating that the individual concerned would be personally at risk of torture if returned to their country.1 Substantial grounds in this regard require more than a mere possibility of torture, but do not need to be such that torture is highly likely to occur.2 It contends that the general human rights situation in Iran is not such that any person being returned to Iran would be in danger of torture. In relation to the complainant, it notes first that his support for the banned political organization Fedayeen is not itself sufficient reason to assume that he would be tortured upon return; thus, recent country reports record no recent cases of convictions of Fedayeen members. Secondly, following the complainant’s release from prison in 1985, he had no significant difficulties with the Iranian authorities, and apparently did not see himself as being at risk, as he remained in the country until 1994. The State party notes that, following his release from prison, the complainant served normally in the armed forces, suggesting that he was not the object of any suspicion on the part of the authorities. It states that the problems the complainant refers to following his release from prison were comparatively minor. 1 The state party refers to the Committee’s jurisprudence in complaint no 91/1997, A v Netherlands, 13 November 1998, and in complaint no 94/1997, K.N. v Switzerland, 20 May 1998. 2 The State party refers to the views of the Committee concerning complaint 28/1995, E.A. v Switzerland, 10 November 1997, and to the Committee’s general comment on the implementation of article 3.

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