CAT/C/37/D/277/2005
Page 8
which country should be responsible for his application of asylum. He argues that an asylum
seeker’s need of protection cannot be dependent on whether he or she has given a correct
statement regarding his/her itinerary. Once the complainant realized that the Swedish
authorities attached great importance to his itinerary he submitted his luggage claim to
support his statement. He notes that the Aliens Appeals Board did not attach any importance
to this inconsistency.
5.4 The complainant submits that although the State party’s account of the Migration
Board’s decision is essentially correct, that one of the main reasons given for the rejection of
his application was that he had been released, thereby showing that the authorities had no
further interest in him. The complainant submits that the State party’s assertion that during
his interview he had been arrested “one week” after the Friday sermon is not in the minutes
of the interview. What he did assert in his interview was that his store was closed down a
week after he argued with the imam/mullah.
5.5 The complainant confirms the description of the appeal to the Aliens Appeals Board as
essentially correct. Nevertheless, the translation made of the criminal record submitted by the
complainant regarding his detention, states that he was released on bail, which is incorrect.
Throughout the asylum process the complainant stated that he had been released after being
obliged to sign a document in which he undertook, inter alia, not to participate in any activity
against the Iranian regime.
5.6 The complainant submits that it is impossible for him to comment on whether the
person or persons consulted by the Embassy in Teheran were qualified experts. The
conclusion that the document is false is based on information given by anonymous expert/s in
a questionable Embassy report. As for the certificates themselves, the complainant highlights
that the Aliens Appeals Board, which has extensive experience in reviewing such documents,
never raised the objections now advanced by the State party. Though the Board found
inconsistencies between some of the facts submitted in the certificate and the statements
made, it at no time questioned whether a criminal record can or not contain certain types of
information. As for the second certificate, the Embassy doesn’t even claim that this document
is false, only concluding that as the first one is false the second one must be too. The
complainant concludes that the State party has failed to substantiate its allegations that the
documents were false.
5.7 Regarding the fact that the certificate was only presented in 2004 to the Appeals Board
though it is dated 2002, the complainant explains that after the Migration Board rejected his
application he was instructed by legal counsel to try to obtain additional documentation. He
then contacted his family in Iran and was informed by his brother that he was in possession of
an extract of his criminal record. The complainant was unaware of the existence of this
document before then and does not know why his brother had requested the document from
the authorities.
5.8 The complainant notes that the State party at no point contested that he was detained
and tortured. He maintains that the information provided by him regarding the measures
adopted against him by the authorities clearly demonstrate that they are still looking for him.