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Issues and proceedings before the Committee
5.
The Committee notes that the Federal Court had dismissed the complainant’s claim
on 18 June 1999, thus leaving the complainant with only three days to avail himself of article 22
of the Convention.
Considerations of the admissibility
6.1
Before considering any claims contained in a communication, the Committee against
Torture must decide whether the communication is admissible under article 22 of the
Convention. The Committee has ascertained, as it is required to do under article 22,
paragraph 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.
6.2
The Committee notes the State party’s claim that the communication is inadmissible
ratione materiae (see paras. 4.2-4.3). The Committee, however, is of the opinion that the State
party’s arguments raise substantive issues which should be dealt with at the merits and not the
admissibility stage. The Committee, therefore, considers that the conditions laid down in
article 22, paragraph 5 (b), of the Convention have been met. Since the Committee sees no
further obstacles to admissibility, it declares the communication admissible.
Consideration of the merits
7.1
The issue before the Committee is whether the forced return of the complainant to
Sri Lanka violated the obligation of Australia under article 3 of the Convention not to expel or
return a person to another State where there are substantial grounds for believing that he or she
would be in danger of being subjected to torture.
7.2
The Committee must decide, pursuant to article 3, paragraph 1, of the Convention
whether there were substantial grounds for believing that the alleged victim would have been in
danger of being subjected to torture upon return to Sri Lanka. In reaching this decision, the
Committee must take into account all relevant considerations, pursuant to article 3, paragraph 2,
of the Convention, including the existence of a consistent pattern of gross, flagrant or mass
violations of human rights. The aim of the determination, however, is to establish whether the
individual concerned would be personally at risk of being subjected to torture in the country to
which he or she would return. It follows that the existence of a consistent pattern of gross,
flagrant or mass violations of human rights in a country does not as such constitute a sufficient
ground for determining that a particular person would be in danger of being subjected to torture
upon his return to that country; additional grounds must exist to show that the individual
concerned would be personally at risk. Similarly, the absence of a consistent pattern of gross
violations of human rights does not mean that a person cannot be considered to be in danger of
being subjected to torture in his or her specific circumstances.
7.3
In the present case, the Committee notes the State party’s argument that it is beyond its
competence to review findings of fact or the interpretation of domestic legislation by national
organs of the State party. The Committee agrees that it cannot overturn an authoritative
domestic organ’s interpretation of the application of domestic legislation, but reiterates that it is
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