Advance unedited version CCPR/C/133/D/2623/2015 The complaint 3.1 The author claims that the State party authorities had ordered his removal to Iran without having conducted a risk assessment as to his claims in violation of his rights under article 2 (3) of the Covenant. He claims that his conversion to Christianity would put him at risk of being executed in Iran and of being subjected to torture or other cruel, inhuman or degrading treatment or punishment. He further claims that he would be unable to practice his faith if deported to Iran. 3.2 The author also argues that as he does not have a valid Iranian passport he would be issued Canadian travel documents and Iranian authorities would therefore be aware that he is being returned as a failed asylum seeker, which would put him at further risk. He notes that Iranians returned to Iran without valid exit visas in their passports are subject to mandatory arrest and that the punishment for leaving the country illegally is one to three years imprisonment, or a fine. He claims that he would risk being subjected to ill-treatment while in detention and that he would not be able to practice his faith, in violation of his rights under article 18 of the Covenant. 3.3 The author claims a violation of articles 10 and 14 (3) (b) of the Covenant because he was subjected to threats and intimidation by Canadian immigration officials while in detention and told that he would be transferred to jail unless he complied with the deportation order. He further claims that he was denied access to his counsel. State party's observations on admissibility and the merits 4.1 On 4 July 2018, the State party submitted its observation on the admissibility and merits of the communication. It submits that the communication is inadmissible as manifestly unfounded and for failure to exhaust domestic remedies. The State party submits that the author has failed to exhaust domestic remedies by failing to: i) appear at his refugee determination hearing and the hearing into the abandonment of his claim; ii) seek judicial review of the finding that he was inadmissible due to criminality; and iii) apply for permanent residence based on humanitarian and compassionate considerations. In the alternative, should the Committee find the communication to be admissible, the State party submits that it is without merit. 4.2 The State party notes that the author initiated his claim for refugee protection in Canada in November 2013, but he was turned away and told to obtain his refugee documents from Norway and Denmark. On 17 January 2014, the author submitted an application for refugee protection, and his claim was referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) on 23 January 2014. The author described a series of events that allegedly took place in Iran in his 30 September 2013 Basis of Claim form; however, he did not disclose the fact that he had not been living in Iran during the period from 2005 to 2012, and that therefore many of the incidents described in the form could not have occurred. The author subsequently revised his narrative and completed a second Basis of Claim form in January 2014. 4.3 The State party argues that the author failed to appear for numerous scheduled refugee claim hearings. The author and his counsel did not appear at the RPD hearing scheduled for 11 October 2014. The author and his counsel were also informed of a special hearing dated 6 November 2014 to give him an opportunity to explain why the RPD should not determine that the claim had been abandoned. The author did not appear at that hearing either. On 18 November 2014 the RPD determined that the claim was abandoned. The State party notes that the author alleges that he did not attend the scheduled refugee hearing at the RPD in October 2014 because he was experiencing pain from a car accident that had occurred in May 2014. It argues that the author does not provide an explanation as to why he did not attend a special hearing on 6 November 2014 to give him an opportunity to explain why the RPD should not determine that his claim has been abandoned. The author’s application for the case to be re-opened was dismissed by the RPD on 22 June 2015. The author sought judicial review of the RPD’s decision, which was dismissed by the Federal Court on 12 November 2015. The author also failed to appear for a pre-removal interview on 17 December 2014, and a warrant was issued for his arrest on 2 March 2015. The author was found and arrested on 28 April 2015. 3

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