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AS TO THE ADMISSIBILITY OF
Application no. 4701/05
by Mahin AYEGH
Mr J.-P. COSTA,Presid ent,
Mr A.B. BAKA,
Mr I. CABRALBARRETO,
Mr M. UGREKHELIDZE,
Having regard to the interim measure indicated to the respondent Government under Rule 39 of the Rules of Court and the fact that this interim measure has been complied with,
The applicant, Ms Mahin Ayegh, is an Iranian national, who was born in Iran in 1956, and is currently in Sweden. She is represented before the Court by Mr B. Johansson, a lawyer practising in Stockholm.
On 8 February 2003 the applicant and her son A. (born in March 1986) arrived in Sweden. On 20 February 2003 they applied to the Migration Board (Migrationsverket) for asylum and residence permits and, on the same day, an initial interview was held with them. The applicant stated that her husband and an adult daughter remained in Tehran where the family had always lived. She and A. had fled from Iran because A. would be called to do his military service when he reached 18 years of age. There was a risk that he could be stationed at the border with Iraq which would expose him to great danger. They further claimed that they had left Iran with the help of smugglers to whom the applicant had given her passport, in which A. was also registered. Thus, she could only show the Swedish migration authorities a copy of her Iranian identification certificate (shenasnameh). However, neither the applicant nor A., nor any other member of their family, had ever been arrested or otherwise persecuted by the Iranian authorities.
At a second interview, held on 3 April 2003, the applicant and A. added to their earlier statements that A. and a friend had once, in the school yard, glanced at The Satanic Verses by Salman Rushdie which another student had brought with him to school. The incident had been reported to the headmaster of the school who had beaten A. and then continued to harass him. Because of this, the applicant and her husband had tried in vain to get A. transferred to another school. Moreover, the applicant pointed out that, since A. was a minor, the fact that she had helped and accompanied him would cause her problems if she returned to Iran.
On 25 April 2003 the Migration Board rejected the application for asylum and residence permits. It first found that the applicant and A. had not been persecuted by the Iranian authorities and thus could not be considered as refugees or granted asylum. It then noted that the son was obliged to do his military service once he reached 18 years of age, but that this was not a reason for granting him a residence permit on humanitarian
grounds. Moreover, the claim that he had had a conflict with his headmaster did not alter this conclusion. Thus, the Migration Board found no reason for A. and the applicant to be allowed to stay in Sweden on humanitarian grounds.
The applicant and A. appealed against the decision to the Aliens Appeals Board (Utl\u00e4nningsn\u00e4mnden), maintaining their claims and adding that the applicant and her husband were in the process of divorcing. Moreover, they alleged that A. had, on several occasions, been raped and abused by his headmaster in Iran, who had also threatened him. A. had only told his mother about this in August 2003 after repeated attempts by the health care personnel to persuade him to tell her. Since homosexual acts were strictly forbidden in Iran, he strongly feared that he would be severely punished if he were forced to return to his home country. As a result of his traumas, A. suffered from a serious depression and there was a real risk that he would try to commit suicide if he was deported. Lastly, the applicant was also suffering from the uncertain situation.
On 29 September 2004 the Aliens Appeals Board rejected the appeal, sharing the Migration Board\u2019s reasoning and conclusion. As concerned the new information provided by A. and the applicant, it noted that, if a minor were forced to perform sexual acts with a grown man, he would not be punished for it. However, the adult man could be sentenced to death. The Aliens Appeals Board therefore considered that A. could get help from the Iranian authorities if he were threatened by the headmaster, as there were no indications that the authorities would not assist the family in such a situation. It further considered that the mental health problems of the applicant and A. were not of such a serious nature that they could be granted residence permits on humanitarian grounds.
On 28 October 2004 the Migration Board decided that the applicant and A. should be kept under supervision due to the risk that they would go into hiding to avoid deportation. Thus, they were ordered to report to the Migration Board three times a week.
However, on 6 December 2004, the Migration Board decided that the applicant and A. should be taken into custody pending the enforcement of the deportation to Iran, and the decision was enforced in respect of the applicant the same day. The decision was due to the fact that A. had gone into hiding and could not be found, and there was a real risk that the applicant would do the same. Moreover, on 10 December 2004, the Migration Board handed over the responsibility for the enforcement of the deportation of the applicant to the police authority as she had declared that she would not leave Sweden voluntarily.
On 27 January 2005 the applicant and A. lodged a new application for asylum and residence permits with the Aliens Appeals Board. They invoked medical certificates stating that A. was in poor mental health, suffering from post-traumatic stress disorder and depression, and that the applicant was
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