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Communication No. 154/2000
Submitted by:
M.S. (name withheld)
[represented by counsel]
Alleged victim:
The petitioner
State party:
Australia
Date of communication:
25 January 2000
The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 23 November 2001,
Having concluded its consideration of communication No. 154/2000, submitted to the
Committee against Torture under article 22 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the petitioner and the
State party,
Adopts its Views under article 22, paragraph 7, of the Convention.
1.1
The petitioner is M.S., an Algerian national, currently detained in the Immigration
Detention Centre in Chester Hill, Australia. He claims that his removal to Algeria would entail a
violation of article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment by Australia. He is represented by the Refugee Advice and Casework
Service (Australia) Inc.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee brought the
Communication to the attention of the State party on 28 January 2000. At the same time, acting
under rule 108, paragraph 9, of its rules of procedure, the Committee requested the State party
not to expel the petitioner to Algeria while his communication was being considered.
The facts as submitted by the petitioner
2.1
On 24 August 1998, coming from South Africa, the petitioner arrived in Australia
without valid travel documents. In his interview at the airport he requested the State party’s
protection as a refugee.
2.2
On 3 September 1998, the petitioner made an application for refugee status (protection
visa) with the Department of Immigration and Multicultural Affairs under the Migration Act.
On 2 October 1998, a delegate of the Minister for Immigration and Multicultural Affairs
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