CAT/C/48/D/391/2009
concluded that the third complainant had not shown that it was probable that the abuse took
place because of his father’s activities. He argued that the third complainant should have
been given the benefit of the doubt, since the only information to emerge was that he was
arrested and tortured on account of his father. Moreover, the Migration Court of Appeal
should explain how to assess the situation in Egypt in respect of the risk of torture and other
inhuman treatment. Counsel noted that emergency laws were in force in Egypt, which
permitted torture in certain situations.
2.23 On 20 May 2009, the Migration Court of Appeal issued four decisions, refusing to
grant leave to appeal. The Court found that nothing that had emerged in the case constituted
grounds to grant leave to appeal.2
2.24 On 11 June 2009, the complainants applied for an examination by the Migration
Board of impediments to the enforcement of the expulsion orders and requested, inter alia,
residence permits, refugee status and travel documents. The Migration Board was also
asked to stay enforcement of the expulsion orders and to appoint a legal aid counsel with a
technical understanding of the Internet for the family. Among the grounds for examination
and a stay of enforcement invoked by the complainants was the claim that the first
complainant belonged to a group of intellectuals who thought that the murder of President
al-Sadat was a conspiracy staged by President Hosni Mubarak and his faction. He believed
that it had not been proven that his cousin, Khalid Islambouli, was the assassin. Since
coming to Sweden, the first complainant had run a campaign to get the United Nations to
investigate the murder of President al-Sadat and clear his cousin. The first complainant had
started several blogs, where he had released information about the murder to which only he
had access. The first complainant has checked the visitors’ Internet Protocol addresses and
found that most of them were from Egypt. One series of Internet Protocol addresses could
be traced to the Egyptian authorities. The first complainant believed that it was probably the
security police, which was known for searching for dissidents on the Internet. Since the
information could be traced to the first complainant, the security police was probably aware
that he had posted it. There was, therefore, a strong risk that he would be prosecuted and
given a disproportionately severe penalty, probably a capital punishment, for spreading this
information. It had not been possible for him to submit this fact earlier, since it had only
happened in 2009.
2.25 On 23 June 2009, the Migration Board rejected the requests for a stay of
enforcement and for the appointment of a legal aid counsel. On 3 July 2009, the Migration
Board decided not to grant residence permits under chapter 12, section 18, of the Swedish
Aliens Act (Act) and not to grant a re-examination of the question of residence permits
under chapter 12, section 19, of the Act.3 The Board determined that political activity in the
country of flight, directed at the regime in the country of origin, could not provide grounds
for asylum, unless it was shown to be probable in the individual case that the activity might
lead to persecution or harassment from the authorities of the country of origin upon return.
Case-law has established that if the measures taken by an asylum seeker in Sweden have
not been assessed as having any purpose other than to influence his or her right to stay in
Sweden, it has been considered that this fact alone ought not to be assigned decisive
importance in the assessment of the need for protection. Furthermore, a person who
2
3
8
Reference is made to chapter 16, section 12, of the Swedish Aliens Act, under which leave to appeal
may be granted in the Migration Court of Appeal if it is of importance for guidance in the application
of the law that the appeal is heard by the Migration Court of Appeal or if there are other extraordinary
reasons to hear the appeal.
Rules regarding lasting impediments to enforcement of refusal-of-entry and expulsion orders that
have become final and non-appealable are laid down in chapter 12, sections 18 and 19, read together
with chapter 12, sections 1–3, of the Act.