CCPR/C/119/D/2338/2014 2014 before a panel comprised of members who were different from those who took the decision of 30 October 2013. Author’s comments on the State party’s observations 5.1 On 12 September 2014, the author submitted his comments on the State party’s observations. The author indicates that the State party has two kinds of strategies in relation to the communications submitted to the Committee regarding asylum proceedings in which the Refugee Appeals Board has rejected the asylum claim: it requests the Committee to suspend the case within six months of the presentation of the communication, or it provides its observations on the admissibility and the merits of the communication to the Committee after the six months have passed. In the first scenario, the Refugee Appeals Board generally allows the reopening of the asylum seeker’s case and he or she is granted asylum. 33 In the second, the State party argues that there have been no flaws in the proceedings before the Board and requests the Committee to declare the communication inadmissible. The author further submits that as a recent development, the State party requests not only that the Committee declare that the communication is inadmissible or that there has not been any violation of the Covenant, but also that the interim measures issued by the Committee be lifted. The author considers that these requests have become “standard”, independent of the circumstances of the case. 5.2 The author considers that there is no reason to lift the interim measures granted in his case, since in its observations of 29 July 2014 the State party did not provide any new information that would justify such a decision. On the contrary, as reflected in the translation of the decision of the Refugee Appeals Board of 16 January 2014 provided by the State party, the majority of the members of the Board found that the author’s conversion to Christianity was not genuine, which in the author’s view demonstrates that five members of the Board — the minority — did not agree and found the author’s conversion genuine. In this context, the Board’s rejection of the testimony of his friend acquires even more importance, as his testimony could have made a difference in favour of the author. 34 He further submits that the State party does not challenge that his friend’s testimony was rejected, but does not provide any legal basis for such rejection. 5.3 The author also provides a new statement by a priest, dated 11 September 2014, confirming that the author had been part of the fellowship in the church of apostles in Copenhagen since the end of 2013. The statement also indicates that the author had been participating in weekly Bible teaching in English and Farsi for about 10 months and that he has taken part in a Farsi-language summer camp on the Bible, held from 27 to 31 July 2014.35 Issues and proceedings before the Committee Consideration of admissibility 6.1 Before considering any claim contained in a communication, the Committee must decide, in accordance with rule 93 of its rules of procedure, whether it is admissible under the Optional Protocol to the Covenant. 6.2 As required under article 5 (2) (a) of the Optional Protocol, the Committee has ascertained that the same matter is not being examined under another procedure of international investigation or settlement. 6.3 The Committee takes note of the author’s claim that he has exhausted all effective domestic remedies available to him. In the absence of any objection by the State party in 33 34 35 8 The author refers to the Committee’s decision, adopted on 2 November 2015, to discontinue communication No. 2320/2013, A.E. v. Denmark. The author refers to another case in which the asylum seeker was allowed to bring three witnesses to testify before the Board about his conversion to Christianity and where, as a result, the Board granted asylum. The author indicates that this was in relation to A.E. v. Denmark. The author has not provided any comments on the State party’s observations on the admissibility and merits of the communication.

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