CAT/C/48/D/413/2010
only sibling, an older brother, J.F.N., became active in the Tutsi militia known as the “Sans
Échec”. He was engaged in looting and gunfights against Hutus. Due to the fact that the
complainant’s brother had a high position in the Sans Échec and was well-known, he
received death threats. On 3 September 2006, the complainant’s brother was killed in his
home by Hutu soldiers from the national army. At that specific moment, she was outside of
the house and could hear her brother being ill-treated inside the house and the soldiers
asking him about her whereabouts, which she understood as a death threat.
2.2
The complainant ran from the house to a friend who lived 10 minutes away. The
following day the complainant’s friend went back to the house and found the brother
brutally tortured and executed. A few days later, the complainant met her former maid, who
told her that the Hutu militia was searching for her. The complainant stayed at her friend’s
house for two months. According to her, the authorities are unable to offer her protection
and she cannot receive protection in another part of the country. She does not have any
family members in Burundi, nor does she have a social network there. Thus, she fled
Burundi on 28 November 2006, helped by smugglers and a friend, who arranged the travel.
2.3
The complainant arrived in Sweden on 29 November 2006 and applied for asylum
the next day. Upon application, she presented a Burundian identity card to the Migration
Board. On 23 November 2007, the Migration Board held an interview with the
complainant, in the presence of her legal aid counsel. The complainant stated, inter alia,
that she had never had a passport or been abroad. She also stated that she had never
belonged to a party or organization, and that she had never been subjected to threats or
harassments, apart from the events that happened when her brother was killed.
2.4
In February 2008, the Migration Board learned that an application for a visa had
been presented in 2006 to the Swedish embassy in Algiers, by an individual with almost
identical personal data as the complainant. The Migration Board requested all
documentation for the application from the Swedish embassy in Algiers. The application
had been made and signed by a person named A.A.U., born on 3 December 1982 in
Bujumbura, Burundi. The application was signed on 16 July 2006 in Algiers and the
applicant’s purpose for going to Sweden was to visit a friend and to explore the possibility
of conducting further studies. Both the applicant and the friend, who was also the reference
person in the application, stated that they had gotten to know each other in Niger in 2002–
2003 when the applicant was working there. The friend also stated that the applicant
planned to go to Niger after the visit to Sweden. The applicant further stated that she was a
student at the university in Algiers, which was confirmed by her friend, and listed a home
address in Algiers. She also stated that she had valid Algerian travel insurance and health
travel insurance for the journey. The applicant supported herself through study allowances
and economic support from her family.
2.5
Under the section of personal particulars of parents and brothers/sisters in the
application, the applicant stated that her father’s name was E.B., her mother’s name was
P.N., and that they lived together in Rohero, Bujumbura. The applicant further stated that
she had two sisters and a younger brother. Furthermore, the applicant stated that she had a
national passport and had had three previous stays in France between July 2003 and
October 2005. The information contained in the application form was corroborated by the
attached copies of the Burundian passport, which had been renewed at the Burundian
embassy in Paris on 20 August 2004. The application for a visa was refused by the
Migration Board on 7 August 2006.
2.6
After the required documentation relating to the application for a visa arrived at the
Migration Board in Sweden, which was at that time examining the complainant’s
application for asylum, the Board investigated whether the person in the photo attached to
the application for a visa was the same as the person having claimed asylum in Sweden, i.e.
the complainant. The report, issued and signed on 3 March 2008 by an expert within the
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