CAT/C/58/D/600/2014
regard, the State party refers to the Committee’s general comment No. 1, in which it is
stated that the Committee is not an appellate or judicial body and that it gives
considerable weight to findings of fact that are made by the organs of the State party
concerned.4 The State party therefore requests that the Committee accept that it has
thoroughly assessed the complainant’s claims in its domestic proceedings and found that
it does not owe the complainant protection obligations under the Convention.
4.5
The State party recalls that the complainant lodged an application for a protection
visa on 28 May 2012. He was granted a bridging visa while his protection visa
application was under consideration by the Department of Immigration and Citizenship.
On 31 August 2012, the complainant’s protection visa application was refused.
4.6
The Department of Immigration and Citizenship interviewed the complainant
(with the assistance of an interpreter) and also considered other relevant material, such as
country information provided by the Australian Department of Foreign Affairs and
Trade. The decision maker who examined the complainant’s protection visa application
evaluated the copies of character references that were filed with his application. Despite
claiming to be a Hindu, he provided a reference from a parish priest of St. John de
Brito’s Church in Batticaloa, Sri Lanka, dated 15 March 2012, indicating that the priest
had known the complainant “for some years”. However, the decision maker determined
that the priest did not appear to know the complainant personally, which called into
question the integrity of the reference. After considering all the information available,
the Department of Immigration and Citizenship was not satisfied that there were
substantial grounds for believing that, as a necessary and foreseeable consequence of the
complainant being removed to Sri Lanka, there was a real risk that he would suffer
significant harm.
4.7
The complainant subsequently filed an application for an external merits review
with the Refugee Review Tribunal. Such review is normally carried out by a special
external review body that provides a full and independent review of decisions concerning
protection visas. The complainant was present at the review hearing on 7 November
2012 and was represented by a registered migration officer. He was able to make oral
submissions with the assistance of an interpreter.
4.8
After considering the available evidence, the Tribunal concluded that the
complainant “was not providing evidence regarding events that he had actually
participated in or witnessed. He was instead providing evidence from a script that he had
learnt based on fabricated claims that he had used to try and strengthen his claim for
refugee status”. The Tribunal considered that the evidence indicated that the claims were
fabricated, including for the following reasons: (a) the death certificate provided by the
complainant in respect of the woman who was allegedly killed in the September 2011
incident was not genuine. The Tribunal found that his answers to the questions about
how his father had discovered who had been killed were circular and that his evidence
about this was fabricated; (b) the complainant acknowledged that he had remained in Sri
Lanka for almost four months after the alleged incident. He had initially said that he had
been visited twice while in Sri Lanka: the first time being when three men came to his
house late one evening; and the second time being when people in a white van attempted
to abduct him; (c) when the Tribunal raised that four months was a long time to remain
in Sri Lanka if he was being pursued by the Sri Lanka Army or authorities, the
complainant said that he had been visited a third time before he left for Australia.
4
See, the Committee’s general comment No. 1 (1997) on the implementation of article 3 of the
Convention in the context of article 22, para. 9.
5