CAT/C/58/D/627/2014
2.7
Upon arrival in Greece, the complainant applied for asylum and a work and
residence permit. His request for asylum was denied, but he was granted a temporary work
and residence permit, renewable every six months. He stayed in Greece for several years
and worked in restaurants in the Omonia and Varkiza districts. In 2012, the Greek
authorities informed him that his work and residence permit could not be renewed owing to
the economic situation in the country and he was advised to seek the protection of another
country in order to avoid being sent back to Bangladesh. With the help of a friend, he
travelled to Sweden by train and immediately applied for asylum upon arrival on 6 April
2012.
2.8
On 24 May 2013, the Swedish Migration Board rejected his asylum application. The
complainant states that the Board found that he was not credible for the following reasons:
his father had stated in a police report that he was an activist in the Bangladeshi Islamic
Student Front, whereas the complainant stated he belonged to Jamaat-e-Islami. The
complainant was unable to describe his activities in the party in a concrete way. He lacked
knowledge of the names of the party’s leaders and made sweeping statements regarding the
reason for the incarceration of the party’s leader. He stated at different points that he had
and had not contacted the authorities for protection. In the light of evidence indicating that
the authorities in Bangladesh do not regularly persecute or harass members of opposition
parties, it does not make sense that the complainant did not contact the authorities and did
not provide a reason for not doing so. The Migration Board also issued a two-year entry ban
for the complainant on the grounds that he had submitted falsified documents to the
authorities.
2.9
The complainant maintains that the asylum proceedings in Sweden were flawed. The
Migration Board deemed some of the information he had supplied as vague, undetailed and
conflictual, but this was either the fault of the interpreter or owing to the inadequacy of the
Board administrator’s note-taking. Although the complainant’s former public defender
stated to the Migration Board on 9 July 2012 that he had met with the complainant in order
to go through the transcript from the interview, they never examined the entire transcript.
Rather, the complainant was asked to clarify particular details. The complainant also
maintains that he submitted extensive documentation of his need for protection to the
Migration Board. After obtaining a report from a Bangladeshi lawyer, the Migration Board
concluded that the documents were all falsified. The complainant contends that the
documents in question were all sent to him by his family and he had no reason to doubt
their authenticity.
2.10 On 19 June 2013, the complainant appealed the negative decision of the Migration
Board to the Migration Court. He requested and was assigned a new public counsel, who
ordered a proper medical examination, and a disability certificate was submitted with the
appeal. The certificate, dated 17 October 2013 and provided by an orthopaedic specialist,
stated that the complainant’s skin changes were consistent with burns healed long ago and
with bruises and cuts. The skin changes “are all healed and together with the information
that they were caused in 2005, it can be assumed that the injuries at that time were very
extensive and painful. No physical disabilities remain, but the patient suffers from
emotional problems that are consistent with post-traumatic stress syndrome.” Nevertheless,
on 7 February 2014, the Migration Court found that there was no well-founded reason to
believe that the complainant would face an individual and specific risk of persecution or illtreatment in Bangladesh. However, the Migration Court overturned the two-year re-entry
ban imposed by the Migration Board. The complainant sought leave to appeal to the
Migration Court on 11 March 2014. On 12 June 2014, the Court rejected his request.
2.11 According to the complainant, since his departure from Bangladesh, his family has
received several threats directed against him, the most recent on 1 June 2012. Unknown
persons have also visited the family home inquiring about him several times.
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