CAT/C/37/D/282/2005**
Page 6
weigh evidence or re-assess findings of fact by domestic courts, tribunals or decision-makers4.
The complainant’s allegations and supporting evidence are identical to that submitted to
competent, impartial domestic tribunals and decision-makers and that were found not to
support a finding of risk in Iran. The analysis of the evidence and the conclusions drawn by
the Immigration Refugee Board as well as by the PRRA officer who assessed the risk to
which she may be exposed if returned to Iran were appropriate and well-founded.
4.4 The State party recalls that the Committee cannot review credibility findings “unless it
is manifest that the evaluation was arbitrary or amounted to a denial of justice”. The
complainant made no such allegations and the material submitted does not support a finding
that the Board’s decision suffered from such defects 5 . Nothing suggests that domestic
authorities had any doubts concerning their assessment, nor is there any evidence that the
domestic authorities’ review was anything other than fully satisfactory: the complainant is
simply dissatisfied with the results of the domestic proceedings and the prospects of
deportation, but made no allegations or produced any evidence that the proceedings were in
any way deficient. Accordingly there are no grounds on which the Committee could consider
that it is necessary for it to re-evaluate the findings of fact and credibility made by the
domestic tribunals. Nevertheless, should be Committee be inclined to assess the credibility of
the complainant, a focus on some of the more important issues clearly supports a finding that
the complainant’s story simply cannot be believed.
4.5 With regard to her role at the University, the complainant asserted in her Personal
Information Form that she was in charge of purchasing all supplies necessary for the nursing
faculty and that the University had an arrangement for six years with the supplier of bones.
However, in the oral testimony, she stated that she was in charge of ordering bones and that
these began to be ordered in 1998, only one year before her problems began. With regard to
her arrest and torture, she stated in her Personal Information Form that she recognised the
voice of her first cousin, a member of the Ministry, as one of her interrogators. However, in
the oral testimony, she stated that her first cousin was among those who arrested her.
4.6 With regard to the complainant’s account of her escape, the State party shares the IRB’s
assessment that it was “unbelievable” and “exaggerated and implausible”. In any case, even if
it were accepted that the man who was driving her to the medical centre had been bribed by
her family, it is implausible that he would leave to allow her to get into another car which
coincidentally belonged to someone who recognised her, and that this stranger would not take
her to a hospital if she was bleeding and had fainted. It is also not plausible that she would
live in a house full of strangers yet not know even after four months of living with them who
they were or what their names were, and would not ask to contact her family during all that
time.
4.7 With regard to her exit from Iran, the complainant’s Personal Information Form
indicated that strangers helped her obtain her passport from her family. However, in her oral
testimony, she claimed that she left Iran with a false passport. She claims that she needed an
exit visa; it was implausible that she would have received such a visa if she was escaping the
4
The State party refers, inter alia, to Communication No. 148/1999, A.K. v. Australia, Views
adopted on 5 May 2004, paragraph 6.4.
5
The State party refers, inter alia, to Communication No. 223/2002, S.U.A. v. Sweden, Views
adopted on 22 November 2004, paragraph 6.5.