CAT/C/22/D/103/1998 page 4 The complaint 3.1 In view of the fact that S.M.R. has previously been imprisoned and tortured, and that her recent political activities have become known to the Iranian Government, the authors claim that there exist substantial grounds for believing that she, her husband and their children would be subjected to torture if they were returned to Iran. Their forced return would therefore constitute a violation by Sweden of the Convention. 3.2 The authors draw the attention of the Committee to the fact that neither the National Immigration Board nor the Aliens Appeal Board has questioned that S.M.R. had been active in the Mujahedin organization and that she had previously been imprisoned and tortured. Observations by the State party 4.1 By its submission of 21 April 1998, the State party informed the Committee that, following the Committee’s request under rule 108, paragraph 9, of its rules of procedure, the National Immigration Board had decided to stay the expulsion order against the authors while their communication is under consideration by the Committee. 4.2 The State party explained the domestic procedure applicable to the determination of refugee status. It stressed that, in accordance with the Aliens Act, an alien may never be sent to a country where there are reasonable grounds for believing that he or she would be in danger of suffering capital or corporal punishment or of being subjected to torture or other inhuman or degrading treatment or punishment, nor to a country where he/she is not protected from being sent on to a country where he/she would be in such danger. An alien who is refused entry can reapply for a residence permit if the application is based on circumstances which have not previously been examined in the case and if either the alien is entitled to asylum in Sweden or if it will otherwise be in conflict with humanitarian requirements to enforce the decision on refusal of entry or expulsion. 4.5 Regarding the admissibility of the communication, the State party submits that it is not aware of the same matter having been presented to another international instance of investigation or settlement. The State party explains that the authors can at any time file a new application for re-examination of their case with the Aliens Appeal Board, based on new factual circumstances. Finally, the State party contends that, with reference to what it says concerning the merits of the case, the communication should be considered inadmissible as incompatible with the provisions of the Convention. 4.6 As to the merits of the communication, the State party refers to the Committee’s jurisprudence in the cases of Mutombo v. Switzerland 1 and Tapia Paez v. Sweden 2, and the criteria established by the Committee with respect to article 3 of the Convention, first, that a person must personally be at risk of being subjected to torture and, second, that such torture must be a necessary and foreseeable consequence of the return of the person to his or her country.

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