Communication No. 153/2000 Submitted by: Z.T. (represented by Ms. Angela Cranston) Alleged victim: R.T. State party: Australia Date of complaint: 4 January 2000 (initial submission) The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Meeting on 11 November 2003, Having concluded its consideration of complaint No. 153/2000, submitted to the Committee against Torture by Ms. Z.T. 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 author of the complaint, his counsel and the State party, Adopts the following decision under article 22 of the Convention. 1.1 The complainant in the case dated 4 January 2000 is Z.T. She submits the case on behalf of her brother, R.T., an Algerian citizen born on 16 July 1967. She claims that her brother is a victim of violations by Australia of article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. She is represented by counsel. 1.2 On 26 January 2000, the Committee forwarded the complaint to the State party for comments and requested it, under rule 108, paragraph 1, of the Committee’s rules of procedure, not to return the complainant to Algeria while his complaint was under consideration by the Committee. The State party, however, expelled the complainant the same day without having had time to consider the request. The facts as submitted by the complainant 2.1 On 27 November 1997, the complainant, who held a visitor’s visa, visited Mecca in Saudi Arabia. He stayed there for seven months. He then “purchased” an Australian visa and left for South Africa, to collect the Australian visa. 2.2 On 21 August 1998, the complainant arrived in Australia from South Africa. He destroyed his travel documents at the airport of arrival. He immediately applied for refugee status at the airport, where he was interviewed by an officer of the Department of Immigration and Multicultural Affairs (DIMA). As undocumented arrival, he was refused immigration clearance under s172 of the Australian Immigration Act. On the same day, he was detained and escorted to Westbridge Immigration Detention Centre. 132