CAT/C/58/D/600/2014 4.9 The Tribunal noted that the complainant would be subject to security checks when returned to Sri Lanka and might face short-term detention and/or a fine for leaving Sri Lanka illegally. However, the Tribunal did not consider that there was any evidence to support a finding that the complainant had issues that would draw additional scrutiny or attention to him on his return or that would delay his release after such checks were made. The Tribunal found that, in such circumstances, security checks, short-term detention and/or a fine for leaving Sri Lanka illegally did not constitute significant harm under section 36 (2) (aa) of the Migration Act which implements the State party’s nonrefoulement obligations. Accordingly, the Tribunal concluded that there were no substantial grounds for believing that there was a real risk of the complainant being subjected to torture if removed to Sri Lanka. 4.10 The State party also notes that, on 28 August 2013, the Federal Circuit Court was unable to find any grounds upon which it could conclude that the Tribunal had made any jurisdictional error in reaching its decision. 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. 4.11 On 15 December 2013, the complainant filed a request for ministerial intervention under sections 48B and 417 of the Migration Act, which was determined not to meet the relevant guidelines on 25 February 2014 and 16 March 2014, respectively. In his request for ministerial intervention, the complainant reiterated his previous claims. He also claimed that returnees who were believed to have departed in breach of immigration laws were arrested at the airport and brought before a court to apply for bail and might be placed in Negombo Prison, possibly for days until a bail hearing date becomes available. The complainant further claimed that the Tribunal had failed to apply the correct test for degrading punishment in relation to contravention of the Sri Lanka Immigrants and Emigrants Act. He claimed that he had no family or close relatives in Colombo to secure bail on his behalf, which exposed him to long-term detention. 4.12 The ministerial intervention assessment concluded that it was reasonable to expect that, in the light of the complainant’s apparent concern for his personal safety, a member of his family would travel to secure his release from remand in the event that he were brought before the court to apply for bail. Furthermore, the complainant had previously stated that his family lived in the Batticaloa area and that he still communicated with them. The ministerial intervention assessment considered that, based on the information available, the complainant would not be exposed to long-term detention, as it would be reasonable to expect a family member to travel to Negombo to secure his release from remand. The assessment concluded that his claims were merely an attempt to bolster his chances for protection in Australia, rather than a genuine concern for his safety in Sri Lanka. 4.13 Extensive country information on Sri Lanka regarding the return of failed asylum seekers specifically was also carefully considered throughout the domestic processes. In particular, during the complainant’s protection visa application review, material before the authorities included country information from the Department of Foreign Affairs and Trade, non-governmental organizations and the Office of the United Nations High Commissioner for Refugees (UNHCR).5 The Refugee Review Tribunal found that failed asylum seekers and Tamils were not specifically targeted for adverse attention from the Sri Lankan authorities at the time of entry and that there was no evidence before it to support a finding that the complainant had issues that would attract additional scrutiny or 5 6 See UNHCR, Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees (Geneva, 1998).