CAT/C/37/D/251/2004
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activities going beyond normal conduct or representing a danger to the Iranian regime. The
documents produced by the complainant do not show that he developed such a profile through
his activities in Switzerland. The State party does not know of cases in which the Iranian
authorities have brought proceedings against persons engaging in activities comparable to those
of the complainant.
4.9
The State party concludes that there is nothing to indicate the existence of substantial
grounds for fearing that the complainant would be exposed to a concrete and personal risk of
torture on his return to the Islamic Republic of Iran.
Supplementary information from the complainant
5.
In a letter of 25 April 2005, the complainant informed the Committee that, following the
submission of an application for reconsideration on the basis of additional documents, the
Federal Office for Migration was reconsidering his case.
Additional comments by the State party
6.1
On 9 May 2005, the State party in turn informed the Committee that the complainant
had submitted an application for reconsideration to the Federal Office for Migration
on 15 September 2004, and invited the Committee to suspend examination of the communication
pending a ruling under the procedure.
6.2
On 9 May 2006, the State party informed the Committee that the Federal Office for
Migration had rejected the application for reconsideration by decision of 28 December 2005.
This decision was upheld by the Asylum Review Board on 24 April 2006. The State party noted
that its request for suspension had become redundant and stated that it maintained its conclusions
of 19 January 2005.
Issues and proceedings before the Committee
7.1
Before considering any claim contained in a communication, the Committee must decide
whether or not it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that the
same matter has not been, and is not being, examined under another procedure of international
investigation or settlement. In the present case, the Committee also notes that all domestic
remedies have been exhausted and that the State party has not contested admissibility. The
Committee therefore considers that the complaint is admissible and proceeds to examine it on its
merits.
7.2
The Committee must establish whether the return of the complainant to the Islamic
Republic of Iran would constitute a breach of the State party’s obligation, under article 3 of the
Convention, not to expel or return a person to another State where there are substantial grounds
for believing that he would be in danger of being subjected to torture.