CAT/C/48/D/413/2010 the credibility of the other statements presented by her. Therefore, the complainant’s statements could not be considered sufficiently substantiated for granting her protection. 2.11 On 19 May 2009, the Migration Court rejected the complainant’s appeal. The Migration Court stated that the author had neither proven her identity nor established as probable that she was from Burundi. Even assuming that she was from Burundi, the Court stated that the general situation in that country did not constitute grounds for asylum or protection. It considered her explanation as to how an application for a visa in her name had been presented in Algeria acceptable. Nevertheless, the Migration Court found that the complainant had not substantiated her claim that she risked being subjected to persecution, ill-treatment or punishment if she returned to Burundi. In its examination, the Migration Court noted particularly that she had not been involved in the Tutsi militia in which her brother had been engaged and that she had not been party to her brother’s activities. The Migration Court further noted that the event which the complainant claimed was the direct cause for her to flee Burundi occurred nearly three years ago, a period that was considered to be relatively long. 2.12 On 8 June 2009, the complainant appealed the Migration Court’s judgement and, on 27 July 2009, the Migration Court of Appeal refused leave to appeal against the Migration Court’s judgement. The decision to expel the complainant thus gained legal force. 2.13 On 7 September 2009, a letter from the complainant was registered with the Migration Board. In the letter, she claimed that in June 2009 she had forwarded documents to her legal aid counsel, stating, inter alia, that she had been sentenced in Burundi to 20 years’ imprisonment. The complainant attached copies of the summons from the police in Burundi dated 8 October 2007,2 an arrest warrant in her name dated 19 November 20073 and a judgement of 20 years’ imprisonment dated 16 December 2008.4 2.14 In the light of the information presented in the complainant’s letter and the attached copies, the Migration Board decided, on 24 September 2009, not to grant her a residence permit under chapter 12, section 18 of the 2005 Swedish Aliens Act, or to re-examine the matter under chapter 12, section 19.5 The Migration Board noted, inter alia, that the attached documents were copies and that consequently their value as evidence was low. 2.15 The Migration Board’s decision was appealed by the complainant to the Migration Court. After the Migration Court had asked her questions in relation to the documents presented, the complainant stated in writing that in March or April 2009 she had learned from an acquaintance working in Burundi as a secretary in a court that she had been notified, searched for and sentenced for having helped her brother to kill people and plunder their belongings. The complainant was shocked to hear this but assumed that if she told her legal aid counsel or the Swedish authorities about it, they would ask her to prove it. Therefore, she asked the acquaintance in Burundi to send her the documents from the court file in Burundi. In the beginning of June 2009, the documents arrived and the complainant immediately handed over copies of them to her legal aid counsel, who, however, did not submit them to the Migration Board or the courts. 2 3 4 5 The request addressed to the complainant to appear for questioning about her involvement in theft is signed by the criminal police in Bujumbura, Burundi. An inquiry in relation to the suspicion about the complainant’s involvement in murder and theft, as well as her failure to appear for questioning, is signed by a criminal police officer in Bujumbura, Burundi. The complainant was found guilty of aiding murder and theft. Rules regarding lasting impediments to enforcement of refusal-of-entry and expulsion orders that have become final and non-appealable are laid down in chapter 12, sections 18 and 19, read together with chapter 12, sections 1-3, of the Act. 5