CAT/C/59/D/666/2015
the facts of the case, and that the complainant was attempting to engage the Court in an
impermissible review of the merits.
4.8
On 2 December 2014, the complainant made a request for ministerial intervention
under sections 417 and 48B of the Migration Act 1958. His claims were assessed in full and
found not to meet the criteria for ministerial intervention. The decision maker did not
consider that there was any new information or evidence to contradict the Tribunal’s
findings.
4.9
The State party further submits that the complainant has raised new claims with the
Committee, to the effect that since living in Australia, he has become easily identifiable as
an ongoing supporter of the Tamil National Alliance candidate, S.Y. In addition, the
complainant has submitted documents not previously provided to decision makers. The
Department of Immigration and Border Protection has assessed these documents and
considers that they do not raise any new or credible claims that would alter the assessment
that its non-refoulement obligations under article 3 of the Convention would not be violated
if the complainant were returned to Sri Lanka. Specifically, the photograph claimed to be of
the complainant and the Member of Parliament, even if genuine, does not provide sufficient
evidence to confirm or deny a relationship between them. As to the letter from the
politician, the Department considers that it contains no new information or claims. The
State party further notes that the existence of a general risk of violence does not constitute
sufficient ground for determining that a particular person would be in danger of being
subjected to torture upon return to that country, and submits that the complainant has not
provided sufficient evidence indicating that he would personally be at risk of torture or
treatment that would be considered torture under article 1 of the Convention.
4.10 On 31 March 2016, the State party reiterated its previous observations and provided
additional information outlining the comprehensive domestic processes, including merits
review by the Refugee Review Tribunal, judicial review by the Federal Circuit Court and a
request to the Minister for Immigration and Border Protection to use his discretionary and
non-compellable powers to intervene in favour of an unsuccessful visa application if the
Minister considers it is in the public interest to do so. The State party submits that it has
assessed the complainant’s claims, including through processes established under its
Interim Measures Request Policy, and found that there is no new and credible information
in the complainant’s submissions that engages its non-refoulement obligations, including
under article 3 of the Convention. The State party requests that the Committee review its
request for interim measures with a view to withdrawing it. Should it decide, after due
consideration, not to do so, the State party requests the Committee to fast-track the present
communication.
Complainant’s comments on the State party’s observations
5.1
On 21 August 2016, the complainant, through his counsel, challenged the State
party’s observations that his submissions “generally cover the same material”. He disputes
the State party’s submission that his allegations are inadmissible and without merit, and
maintains that his involvement with the Tamil National Alliance, owing to his close family
connections to S.Y., made him vulnerable to torture and prolonged periods of detention. He
rejects the State party’s assertion that his claims for protection were assessed through
“robust domestic processes”, and submits that neither the assessment made by the
Minister’s delegate nor the review of this decision by the Refugee Review Tribunal
provided an adequate assessment of the State party’s non-refoulement obligations, while
the delegate’s finding that the complainant would not be identifiable as a failed returned
asylum seeker is “absurd”.
5.2
The complainant notes that the Tribunal’s finding that it was not satisfied that he
was a person of interest to the Sri Lankan authorities and thus did not meet the
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