CAT/C/31/D/209/2002 Page 5 4.3 The Refugee Board rejected the appeal on 21 August 2001. It found that the complainant had not presented his grounds for seeking asylum in a coherent and credible way. He was found to have provided conflicting and fabricated accounts of his departure from Algeria and his treatment by the Algerian authorities, including details relating to his imprisonment, whether or not he had been convicted of any offence, and his military service. This, together with the Amnesty International report, caused the Review Board to dismiss the appeal. There was no evidence before the Board from which it could have been established that the complainant was at risk of persecution if returned to Algeria. 4.4 The State party provides a description of the composition, competence and processes of the Review Board. Decisions of this body are final and not subject to judicial review. This follows from a decision of the Danish Supreme Court in 1997, which noted that the Review Board was an expert body of quasi-judicial character. It reaches its decisions on the basis of an individual assessment of the asylum seeker, considered in light of the general situation in the country of origin. To obtain asylum, an applicant must have a well founded fear of persecution, in accordance with the Refugee Convention of 1951, and this must be supported by objective evidence. The Board attaches importance to whether the applicant can provide a credible account of his or her situation. It also studies reports which deal with the human rights situation in relevant countries. Background information is collated from various sources, including governmental, non-governmental and United Nations sources. Further, the Board considers the fact that a person may have been tortured in the past as a relevant but not necessarily decisive consideration in deciding whether to grant asylum. 4.5 The State party submits that the complainant is seeking to have the Committee conduct a review of the relevant evidence supporting his claim for asylum, whereas it is well established that the Committee is not an appellate, quasi-judicial or administrative body. The Review Board has had the benefit of direct contact with the complainant, and of reviewing all of the relevant evidence in detail. It has not found the complainant’s evidence to be credible, and finds no objective basis to fear that he will be subjected to torture if returned to Algeria. The State party refers to the Committee’s jurisprudence on article 3, which acknowledges that considerable weight should be given to the findings of fact made by government authorities. 4.6 The State party argues that, in relation to a claim under article 3 of the Convention, the burden of proof is on the applicant to present an arguable case. It refers to the Committee’s General Comment 1, which states that for the purposes of assessing whether there are ‘substantial grounds for believing that a person would be in danger of being subjected to torture,’ the risk of torture must be ‘assessed on grounds that go beyond mere theory or supposition’, although it does not have to meet the test of being ‘highly probable’. The applicant must establish that he would be in danger of being tortured, and that the danger is ‘personal and present’. 4.7 The State party contends that the above is not born out in the present case. It notes that, according to the Committee’s General Comment No 1 and its case law, it is appropriate to take into account the complainant’s credibility and any discrepancies in his/her evidence. The State Party addresses in some detail the various discrepancies in the complainant’s accounts of his experiences. For example, the complainant first stated that he flew to Moscow, then Berlin, and paid some friends to hide him in a freight lorry to Denmark. He later said that, after flying to Russia, he took a ferry first to Germany, and

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