CAT/C/56/D/586/2014
and that his nephew’s whereabouts since his arrest in September 2011 remain unknown and
that it is not unreasonable to believe that his nephew died while in police custody. In
addition, he claims that his wife was visited by the security forces looking for him after he
fled to Ingushetia. He concludes that the events demonstrate a pattern of personal
harassment and persecution. The complainants conclude that, if deported, Sweden would be
in violation of its non-refoulement obligation under article 3 of the Convention.
3.2
The complainants submit a letter from 4 February 2011 on the treatment of
protection applications that may be lodged by Chechen refugees by the Office of the United
Nations High Commissioner for Refugees (UNHCR).1 According to that note, whereas in
2003 there was a sweeping UNHCR assessment that all Chechen asylum seekers were in
need of international protection, in 2011 the situation had changed given the overall
improvement in the security situation. UNHCR stated, however, that members of illegal
armed formations and their relatives, political opponents and human rights activists were
among those whose personal safely and rights could be at risk. UNHCR recommended that
all protection applications from Chechen refugees should be considered on the basis of their
respective individual merit. It added that internal relocation within either Chechnya or other
parts of the Russian Federation should not be considered as available for Chechen asylum
seekers fleeing persecution in the meaning of article 1A of the Convention relating to the
Status of Refugees.
State party’s observations on admissibility and the merits
4.1
On 11 July 2014, the State party submits that the complainants’ case had been
assessed under the 2005 Aliens Act, which entered into force on 31 March 2006. Since the
Committee is well aware of the content of the relevant domestic law from other cases
against Sweden concerning the expulsion of aliens, and since the domestic decisions and
judgements contain descriptions of the relevant domestic law of which the complainants
should also be well aware, the State party does not find it necessary to add any information
in this regard. It may nevertheless be worth mentioning that the 2005 Aliens Act, and the
amendments to that Act, are available in English on the Internet.
4.2
The State party submits that the first, second, third, fourth and fifth complainants,
according to their own information, arrived in Sweden on 11 March 2012 and applied for
asylum the following day. The sixth complainant was born in Sweden on 27 April 2012
and, through his public counsel, applied for asylum on 8 August 2012. The Migration
Board rejected their applications and decided on 15 July 2013 to expel them to the Russian
Federation. The decision was appealed to the Migration Court, which on 19 November
2013 rejected the appeal. On 19 December 2013, the Migration Court of Appeal refused
leave to appeal and the decision to expel the complainants became final and not open to
appeal.
4.3
The State party submits that, according to chapter 12, section 22, first paragraph of
the Aliens Act, an expulsion order that has not been issued by a general court expires four
years after the order has become final and is not open to appeal. In this regard, the State
party would like to draw the Committee’s attention to the fact that the decision to expel the
complainants will thus become statute-barred on 19 December 2017. This means, firstly,
that the decisions to expel the complainants will no longer be enforceable after that date and
that the complainants will then no longer be under threat of expulsion. Secondly, a new
application for asylum and a residence permit and the reasons put forward in support
thereof will be re-examined in full and a negative decision by the Migration Board is
1
The complainant presents a copy of a letter to his counsel signed by a Senior Regional Legal
Officer of the Office of the High Commissioner for Refugees, dated 4 February 2011.
4