This report is an update of the COI Focus of 25 October 2018, titled COI Focus Iran. Risico bij terugkeer. The report describes the attitude of the Iranian authorities towards Iranian nationals who return to their country after leaving the country illegally, submitting a request for international protection in Belgium and/or having lived in Belgium. It does not discuss the treatment by the authorities of returnees with a political, ethnic, religious or terrorist profile.
This report concerns the period from 1 November 2018 to 1 March 2020. The literature search for this update was concluded on 20 March 2020.
Over the past ten years, Iranian emigrants have left their country for different reasons: social and religious control, risk of persecution, the high unemployment rate, low wages, a lack of opportunities for scientific research and the unstable political and social situation. According to several sources, the Iranian authorities sometimes monitor the activities of Iranians abroad.
The consulted sources indicate that the number of requests for international protection among Iranians in Europe has increased over the past two years. Figures collected by EASO in January 2020 show that Iran is in the top ten of requests for international protection in the EU+ countries. According to figures from Eurostat, 560 Iranians submitted an international protection request in Belgium in 2018, and in 2019 this number rose to 775.
Information from DVZ reveals that 21 persons returned to Iran voluntarily in the period from 1 January 2019 to 31 January 2020. Figures from DVZ show that in the same reporting period, no forced returns to Iran were organised by the Belgian authorities.
There is no law in Iranian legislation that makes applying for asylum abroad a punishable offence. An illegal exit is punishable on the basis of Section 34 of Iranian criminal law. According to the Dutch Ministry of Foreign Affairs, leaving the country without a valid or personal passport can be punished with a fine, a prison sentence of two to six months or both, depending on the circumstances. There is no return and readmission agreement with Iran at national, Benelux or EU level.
After taking office in August 2013, the moderate President Rouhani created an atmosphere of optimism among many Iranians abroad regarding a possible permanent return to Iran. He made it clear that the authorities encouraged such a return and considered this desirable. No information was found which indicates that failed asylum seekers form a risk group on their return to Iran. The DFAT report states that, according to international observers, Iran pays little attention to failed asylum seekers returning to Iran. DVZ is not aware of any difficulties or human rights violations on returning to Iran during the reporting period of this COI Focus either.
Cedoca has not found any information about further monitoring of failed asylum seekers in the territory within the timeframe of this COI Focus. According to DVZ, the only programme for returnees that exists is the generic AVRR programme, which is supported via Fedasil.
Policy
The policy implemented by the Commissioner General is based on a thorough analysis of accurate and up-to-date information on the general situation in the country of origin. This information is collated in a professional manner from various, objective sources, including the EASO, the UNHCR, relevant international human rights organisations, non-governmental organisations, professional literature and coverage in the media. When determining policy, the Commissioner General does not only examine the COI Focuses written by Cedoca and published on this website, as these deal with just one aspect of the general situation in the country of origin. The fact that a COI Focus could be out-of-date does not mean that the policy that is being implemented by the Commissioner General is no longer up-to-date.
When assessing an application for asylum, the Commissioner General not only considers the actual situation in the country of origin at the moment of decision-making, he also takes into account the individual situation and personal circumstances of the applicant for international protection. Every asylum application is examined individually. An applicant must comprehensively demonstrate that he has a well-founded fear of persecution or that there is a clear personal risk of serious harm. He cannot, therefore, simply refer back to the general conditions in his country, but must also present concrete, credible and personal facts.
There is no policy paper for this country available on the website.