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initial complaint to the Committee, the complainant claimed that he had been detained by
the Criminal Investigation Department in Thelwatte Junction for one week in September
2010, but he told the State party’s authorities and claimed in his subsequent submissions to
the Committee that he was detained by the police in Negombo Police Station for three days.
Furthermore, the complainant has not provided any details whatsoever, neither to the State
party’s authorities nor to the Committee, about the ill-treatment he allegedly suffered
during his detention, that is, information regarding the method of torture, details about the
context, the alleged perpetrators (such as names, number of perpetrators, etc.), whether he
had sought medical assistance in Sri Lanka after the alleged incident and whether he is in
possession of any medical documentation in that regard. The Committee observes that,
although the complainant has attached a copy of a medical certificate concerning his mental
health, the document in question was issued on 13 March 2015 and contains no details
whatsoever about the ill-treatment that he allegedly suffered in Sri Lanka.
10.7 The Committee observes that the complainant left Sri Lanka on 23 September
2010 and travelled to Kenya and later to Côte d’Ivoire, before returning to Sri Lanka on
30 May 2011, after his visas had expired and he was refused entry to Dubai. In that
regard, the Committee notes the State party’s argument that its authorities did not accept
as credible the complainant’s claims that he left Sri Lanka in 2010 and again in 2012
because he feared harm from the Sri Lankan authorities. In the State party’s view, if the
complainant was of such interest to the Criminal Investigation Department as claimed, he
would not have been able to re-enter Sri Lanka following his travels in Africa in 2011,
without coming to the attention to the authorities. In addition, the Committee notes that,
in his communication, the complainant states that upon his return to Sri Lanka on 30
May 2011, he was detained at the airport, then released with the help of his uncle who
had paid a bribe. However, the Committee observes that the complainant told the
Refugee Review Tribunal that he had not been detained upon arrival in Sri Lanka in 2011
and that he had entered the country without any problems.
10.8 The Committee notes the complainant’s claim that, after he returned to Sri Lanka on
30 May 2011, he went into hiding in St. John’s Church and stayed there until 30 January
2012, because the Criminal Investigation Department was still looking for him. In that
connection and notwithstanding the matter of the name of the church in which he found
refuge, the Committee notes that the complainant stayed in Sri Lanka for a considerable
period of time (at least eight months) following his return on 30 May 2011, without
experiencing any problems, before travelling to Australia on 2 February 2012. The
Committee further notes that the complainant does not claim that he participated in any
political activities or movements opposing the Government of Sri Lanka, nor does he claim
to have a significant profile that would draw additional attention of the Sri Lankan
authorities. In addition, according to the information provided by the complainant, his
mother and three sisters with their families live in Sri Lanka unharmed.
10.9 The Committee notes that, attached to the complainant’s additional submission of 6
August 2015, was a copy of his request for ministerial intervention to the Australian
authorities dated 15 June 2015 and a copy of a police report from the Information Book of
Negombo Police Station. According to the English translation of the police report, which
was provided by the complainant, he was arrested on 17 September 2010 for suspected
affiliation to the LTTE and he was released on or before 20 September 2010. The
complainant was instructed to report to the station and sign the police book every Sunday.
Since he had failed to report to the station, a police inspector ordered his arrest to ensure
that he reported to the police. The Committee notes that the document does not contain a
date of issue. It also notes the complainant’s explanation in his request for ministerial
intervention of 15 June 2015 that he was served with a copy of the report upon release from
detention in September 2010; however, according to his additional comments of 16 October
2015, the report was issued on the day of his arrest. Moreover, according to the English
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