CAT/C/35/D/250/2004
Page 9
e) Neither the Uppsala District Court nor the Migration Board commented on the
complainant’s refugee status and his need for protection;
f) The Migration Board did not give reasons for arbitrarily revoking the
complainant’s permanent resident permit;
g) The Migration Board did not carry out investigations into the existence of
impediments to the enforcement of the expulsion orders;
h) There were contradictions between the Migration Board’s statement on 27 March
1998 certifying that “it could not be ruled out that impediments to the
complainant return exist” and the opposite conclusion reached on 21 July 2004;
i) In 1997, The Uppsala District Court did not carry out any investigation into the
complainant’s allegation that his deportation would expose him to a risk of torture;
j) According to Swedish Immigration Law, the government’s decision of 7 January
1997 confirming the expulsion order became statute-barred on 7 January 2000,
after the four-years statutory time- limit elapsed;
k) The complainant had never forfeited his status as permanent resident or
authorized anyone to report him as having left Sweden with the intention to settle
elsewhere permanently.
5.2
The complainant challenges the State party’s account of the facts, which is said to
undermine his credibility. He highlights the following alleged discrepancies between his own
account and that of the State party: the complainant did actively participate in the Kurdish
rebellion against Khomeini in 1979; he held a prominent position in the Kurdish guerrilla
movement; was wounded and shot in both legs; he was active in politics since 1974. Upon
arrival in Sweden, on 4 May 1981, he was recognized as a “de facto” refugee in accordance
with the 1980 Aliens Act. On 29 June 1982, he was granted “indefinite protection and
refugee status”, a refugee travel document, and a permanent residence and work permit. He
also received written confirmation of his refugee status. The Official Report of the Swedish
Embassy in Teheran of 16 June 1997 confirms that he was a political refugee in need of
protection.
5.3
The complainant states that in 1981, Kurdish political parties in Iran asked him to
found an independent organization that would help Kurdish guerilla members seek asylum in
Western Europe, “Sohl”, which be gan helping persecuted Iranians to seek asylum in Sweden
and other European countries. The complainant alleges that, in 1984, in retaliation for his
activities, Sweden passed a law imposing heavier penalties on those aiding foreigners to enter
the country without a valid visa. On 22 February 1984, the District Prosecutor in Uppsala
requested that the complainant be expelled from Sweden. On 30 March 1984, the Uppsala
District Court dismissed the request on grounds that the complainant was a political refugee.
5.4
The complainant argues that during the 1980s, as a result of the worsening of the
political situation in Iran, the flow of asylum-seekers increased, which in turn generated a
wave of xenophobia and anti- immigrant discrimination, which was backed up by extreme
right-wing Swedish political parties. Many refugees began to be harassed. In 1987, the
complainant, who by that time publicly claimed that he had helped at least 20,000 Iranians to
settle in Sweden, began receiving death threats and was maltreated on several occasions.
During an interview on local radio, he mentioned figuratively that his “soul” had visited Iran