CAT/C/44/D/302/2006
not come from the Committee itself. It refers to a decision of the Refugee
Appeals Board which concluded that the confidentiality of information on
the asylum-seeker is an essential guarantee of the right to asylum, and that
the country considering an asylum request is under an obligation to ensure
that confidentiality is observed. Disregard for this obligation may aggravate
the applicant’s fears, or may in itself create the conditions for exposure to
persecution within the meaning of the Convention relating to the Status of
Refugees, or for exposure to one of the serious threats covered by law.
6.2
The State party notes that the communication contains no specific
grievance and does not refer, even in substance, to any article of the
Convention. It believes the communication concerns article 3 of the
Convention and proposes to outline, first, the legal framework for asylum
requests and, second, the actual remedies applicable, and, finally, to
demonstrate that the complainant’s request was considered in accordance
with article 3 of the Convention.
6.3
The State party describes the initial procedure followed by OFPRA in
its consideration of asylum requests and stresses the independence of this
office and its cooperation with the Office of the United Nations High
Commissioner for Refugees. Its staff have access to a variety of sources and
are in constant contact with its major European counterparts, which increases
the amount of documentation available and enhances its ability to carry out
checks. The State party emphasizes that it knows how difficult it can be, in
certain circumstances, to produce physical evidence, that it strives to assess
the person’s overall credibility and that, if there is any uncertainty, the
applicant is given the benefit of the doubt.
6.4
The State party describes the procedure for appealing to the Refugee
Appeals Board and stresses that a representative of the United Nations High
Commissioner for Refugees is present on account of the need to verify the
alleged persecution. It describes the review of an application for asylum by
OFPRA when new evidence is submitted by the applicant. In this case, the
applicant is subject to a fast-track review procedure and his or her
application is processed by a different protection officer from the one who
processed the initial application. If OFPRA deems the application for review
admissible, it considers whether the facts are established or not and whether
they justify the applicant’s fears of persecution.
6.5
In the case in point, the State party points out that the risks referred to
by the complainant to justify his stay in the country as a refugee were
thoroughly examined on five occasions, that is, three times by OFPRA and
twice by the Refugee Appeals Board. It notes that none of the reviews found
evidence of a real risk to the complainant if he was returned to his country,
despite his claims to the contrary. It refers to the Refugee Appeals Board’s
decision of 18 April 2005, which held that “the authenticity of the two
documents produced and presented as wanted notices, one of which is dated
2 January 2005, is not sufficiently substantiated”. It further stresses that the
administrative court of Orléans, in its decision of 25 August 2006, also
carried out a thorough review with regard to article 3 of the Convention for
the Protection of Human Rights and Fundamental Freedoms (“the European
Convention on Human Rights”), which covers the same area of protection as
article 3 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
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