CAT/C/58/D/600/2014
interview on 15 March 2012. On 28 May 2012, he was interviewed by a representative of
the Immigration Advice and Application Assistance Scheme (IAAAS) and applied to the
then Department of Immigration and Citizenship 1 for a protection visa. On 1 June 2012, he
participated in a protection visa interview at Scherger Immigration Detention Centre.
During the interview he said that he was not sure if anyone else was in the area at the time
that the woman was being attacked but he did not think that anyone else had heard the
woman screaming. He did not know what had happened to the woman who was being
attacked. He stated that he was afraid of being harmed because he was a Tamil and
belonged to the particular social group of Sri Lankan Tamils from the North or East of Sri
Lanka and because of his real and imputed political opinion owing to the ethnic group to
which he belonged and his former residence in a predominantly Tamil region. He also
submitted that his fear of being harmed had been exacerbated because he was seeking
asylum in Australia.
2.8
The complainant believes that if he is returned to Sri Lanka, his life would be in
danger because he witnessed a soldier strangling a woman. He fears that the soldiers who
were looking for him will abduct and kill him to prevent him from testifying against them
in court. He believes that they found his wallet and know all of his details. The complainant
states that he tried to seek help from the police but they did not offer him any protection. He
believes that the police officer did not pay attention to his account because he is a Tamil
and “of no significance” and that the police knew the soldiers and were covering up for
them. Consequently, he does not believe that the Government will provide him with any
protection if he returned to Sri Lanka now.
2.9
The complainant submits that after he left Sri Lanka, officials from the Sri Lanka
Criminal Investigation Department had gone to his house looking for him. His family told
them that he had travelled to Australia. He does not know why the Criminal Investigation
Department wanted to speak to him. He suggests, however, that the soldiers who were
looking for him may have framed him for the assault or murder of the woman and the
Department was investigating his involvement.
2.10 The complainant referred to an article published on 2 April 2012 on a Tamil news
website, according to which, the Government of Sri Lanka had declared that everyone on
the boat in which he had travelled to Australia had fought with the Liberation Tigers of
Tamil Eelam (LTTE). He fears that the police in Sri Lanka will arrest him if he returns
because he is a young Tamil and they would suspect him of having links with LTTE. He is
also concerned that he will come to their attention because he left Sri Lanka illegally. The
complainant does not believe that he could defend himself against those allegations and
fears that he would be seriously mistreated as a consequence.
2.11 On 31 August 2012, the Department of Immigration and Citizenship refused to grant
the complainant a protection visa on the grounds that his statements lacked credibility and
his fear of persecution was not well-founded. On 20 December 2012, the Refugee Review
Tribunal confirmed the decision. On 23 January 2013, the complainant filed an application
for review with the Federal Circuit Court of Australia, which was rejected on 28 August
2013. On 5 December 2013, the complainant’s application for leave to appeal the decision
of the Federal Circuit Court before the Federal Court of Australia was also dismissed. On
15 December 2013, the complainant requested the Minister for Immigration and Border
Protection to exercise his public interest powers under section 417 of the Migration Act. On
25 February 2014 and 16 March 2014, respectively, the Minister’s office declined to
1
As of September 2013, the name of the Department of Immigration and Citizenship was changed to
Department of Immigration and Border Protection.
3