CAT/C/58/D/599/2014
interactions with the Tamil Congress would put him at risk of torture. The State party also
submits that the issue of the complainant’s Tamil ethnicity and alleged links with LTTE
had been thoroughly assessed and both the protection visa assessment by the Department of
immigration and Border Protection and the Refugee Review Tribunal’s assessment found
that he did not have any connection with LTTE, nor was he suspected of such links or a
criminal suspect. The State party further submits that in its assessment, the Department
considered that the complainant’s claims that his activities in Australia placed him at risk of
torture if returned to Sri Lanka had not been substantiated.
6.5
With regard to the Edmund Rice Centre report of 12 August 2015,11 the State Party
submits that the Department of Immigration and Border Protection used recent and relevant
country information to assess the complainant’s claims and that the report does not alter the
Department’s conclusion that the complainant would not be at a real and personal risk of
torture upon return to Sri Lanka. The State party also submits that any claims made in
further submissions with respect to article 14 of the International Covenant on Civil and
Political Rights are inadmissible, ratione materiae, under rule 113 (c) of the Committee’s
rules of procedure. Furthermore, noting that the complainant has exhausted all domestic
remedies, the State party requests that the Committee consider the complainant’s
communication.
6.6
On 26 February 2016, the State party requested that the Committee fast-track the
consideration of the complainant’s communication as all domestic processes had been
finalized in that case.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claim submitted in a communication, the Committee must
decide whether it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22 (5) (a) of the Convention, that the same
matter has not been and is not being examined under another procedure of international
investigation or settlement.
7.2
The Committee recalls that, in accordance with article 22 (5) (b) of the Convention,
it shall not consider any communication from an individual unless it has ascertained that the
individual has exhausted all available domestic remedies. The Committee notes that, in the
present case, the State party has not contested that the complainant has exhausted all
available domestic remedies.12 The Committee therefore finds that it is not precluded from
considering the communication under article 22 (5) (b) of the Convention.
7.3
As regards the other arguments by the State party that the communication should be
declared inadmissible on the grounds that it is manifestly unfounded, the Committee
considers that these arguments are closely related to the merits of the case and therefore
declares the communication admissible insofar as it raises issues under article 3 of the
Convention. Finding no further obstacles to admissibility, the Committee declares the
present communication admissible.
11
12
10
Edmund Rice Centre, “Australian sponsored torture in Sri Lanka? The unforeseen consequences of
supporting a brutal regime to stop the boats at any cost”, 12 August 2015.
See, for example, communication No. 455/2011, X.Q.L. v. Australia, decision adopted on 2 May
2014, para. 8.2.