CCPR/C/114/D/2329/2014
[It] cannot accept the applicant’s statement as facts. The Board considers it unlikely
that the applicant would bring flyers to school to distribute them at night, and that he
had also used one of them as a bookmark with the obvious risk of discovery,
considering the information given by the applicant himself that he had gone to
school by car and could have left the flyers in the car.
The Refugee Appeals Board finds that the applicant’s grounds for seeking asylum
were fabricated for the occasion and should be set aside; see section 40 (1) of the
Aliens Act.
Accordingly, there are no substantive grounds for asylum, and the Refugee Appeals
Board therefore finds that, if returned to the Islamic Republic of Iran, the applicant
will not be at a real risk of abuse justifying asylum as set out in section 7 of the
Aliens Act.
2.8
On 24 March 2010, the author requested the Refugee Appeals Board to reopen the
asylum proceedings, alleging that there were no inconsistencies in his statements to the
Danish Immigration Service and the Refugee Appeals Board. In letters dated 14 June 2010,
8 May 2012 and 13 July 2012, the author submitted further substantiation and
supplementary information to the Refugee Appeals Board. In support of his request, the
author maintained, inter alia, that he would not dare to leave the flyers at home, due to the
risk that this could cause to his family; that he had not used the flyer as a bookmark, but
had accidentally left it in his biology book; and that he had taken a taxi to go to school,
therefore he could not have left the flyers in the car. The author’s request was accompanied
by a fax from the French branch of the Kurdish Democratic Party of Iran, stating that the
author was a sympathizer of the party and that his life would be in danger if he returned to
the Islamic Republic of Iran. The author also referred to the zero-tolerance policy in the
Islamic Republic of Iran under which the possession of a flyer with some political content
may result in imprisonment for 10 years, and to the fact that capital punishments were
actually carried out. He pointed out that the Refugee Appeals Board’s background material
indicated that members of the Kurdish Democratic Party of Iran were oppressed by the
Iranian Government. The author also submitted that he had a tattoo of Zartosht, which is the
symbol of the Zoroastrian religion; that he had opened a Facebook account in June 2009
and shared links for the Kurdish Democratic Party of Iran, for example to its flag; that he
was a friend of A.M., the secretary-general of the Komala Party of Iranian Kurdistan; and
that he was a member of the open groups named “kurdland”, “Kurdish Democratic Party of
Iran” and “Freedom and Democracy for Iran”.
2.9
On 20 September 2012, the Refugee Appeals Board refused to reopen the case. It
considered that no substantial new information had been submitted by the author beyond
the information available at the initial hearing, and it did not find any reasons for extending
the deadline for the author’s departure. The Board relied on the reasoning behind its
decision of 9 November 2009 and stated that the author’s grounds for seeking asylum had
been fabricated for the occasion; for that reason, it could not accord any weight to the letter
from the French branch of the Kurdish Democratic Party of Iran. Nor could the information
about the author’s Facebook page or alleged tattoo lead to a different assessment.
Concerning the tattoo, the Board noted that the author had stated throughout the
proceedings that he was a Sunni Muslim and had not indicated any affiliation with
Zoroastrianism.
The complaint
3.1
The author contends that his deportation to the Islamic Republic of Iran by the State
party would constitute a violation of articles 7, 18 and 19 of the Covenant.
4