by the examining officer and the complainant will be
heard orally if the Minister considers it necessary.
Since the request for asylum was considered prior to
the entry into force of the Immigration and
Protection of Refugee’s Law, that is prior to
June 2002, the immigration agent will not be
restricted to assessing facts after the denial of the
initial request but will be able to examine all the
facts and information old and new presented by the
complainant. In this context, it contests the
Committee’s finding in paragraph 7.5 of its decision
which found that only new information could be
considered during such a review.
Author’s response
None
Case
Dadar, 258/2004
Nationality and country of removal
if applicable
Iranian to Iran
Views adopted on
3 November 2005
Issues and violations found
Removal - article 3
Interim measures granted and State party
response
Yes and State party acceded
Remedy recommended
The Committee urges the State party, in accordance
with rule 112, paragraph 5, of its rules of procedure,
to inform it, within 90 days from the date of the
transmittal of this decision, of the steps taken in
response to the decision expressed above.
Due date for State party response
26 February 2006
Date of reply
22 March 2006, 24 April 2006
State party response
The State party refers to the note verbale from the
Secretariat, dated 13 March 2006 (see below).
However, it informed the Committee that it intended
to remove the complainant to Iran on 26 March 2006.
It submitted that it undertook a review of the file in
light of the Committee’s determination but reiterated
its opinion that it does not share the Committee’s
view that the complainant has established that he
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