CAT/C/60/D/716/2015 Advance unedited version temple in his village, and his condition as a failed-asylum seeker who left Sri Lanka illegally. Tamils who are failed asylum seekers are in a particularly vulnerable position upon arrival in Sri Lanka since reports indicate that those even with little contact with the LTTE, have been interrogated, harassed, and beaten by the Sri Lankan authorities upon his return.5 In this context, the complainant argues that he will probably be detained for a long period without charges, interrogated under torture and kept in poor conditions of detention. 3.2 The complainant claims that he inconsistencies in his statements before the Australian authorities were due to his young age, state of anxiety and trauma, as a result of his experiences in Sri Lanka. He tried to clarify his accounts before the RTT, but his efforts were seriously hampered by the inquisitorial nature of the RTT’s interview and the need to speak through an interpreter.6 3.3 Although the FCCA itself noted that the complainant was an unsophisticated person and did not have legal representation, it requested him to specify the legal errors committed by the RRT. Therefore, he claims that in practice he had no opportunity to seek the review of the RRT’s decision by a higher court. In this regard, the complainant argues that he could not afford legal representation and that at the time of the proceedings public funds were not available for application for judicial review against the RRT. The complainant further submits that the legal assistance provided to him in the DIC and RRT’s proceedings under the IAAAS scheme was deficient; and that regular legal aid was usually not granted for this kind of matters. State party’s observations on admissibility and merits 4.1 On 10 May 2015, the State party submitted its observations on admissibility and merits of the complaint. It maintains that the complaint is manifestly unfounded and therefore inadmissible under rule 113(b) of the Committee’s rules of procedure. Should the Committee find that the complainant’s allegations are admissible, the State party submits that there is no supported evidence or substantial grounds for believing that the complainant would be in danger of being tortured if returned to Sri Lanka. 4.2 The complainant’s claims were thoroughly considered during the protection visa application by the DIC and the RRT. His case was also examined by the FCCA and the FCA, where he sought judicial review for legal error of the RRT’s decision. They were also considered during the Ministerial intervention process. These robust domestic processes have considered and determined that the claims were not credible and did not engage the State party’s ​non-refoulement obligations. 4.3 The State party recalls that the DIC found that the complainant did not face a real risk of harm if returned to Sri Lanka. Subsequently, the RRT carried out an external merits review of the DIC’s decision. The complainant was present at the RRT hearing and was able to make oral submissions with the assistance of an interpreter. He was also represented by a registered migration agent, who made detailed submissions to the RRT. During the proceedings, the RRT found that there were a number of inconsistencies related to key elements of his account, such as the number and nature of alleged incidents of harassment in Sri Lanka, the profile of his father, the nature of a land dispute involving his family, his schooling, place of residence and worship and the lack of media reporting of conflict in his 5 The complaint encloses a letter by the Head of Central Performance Office of the UK Home Office-Border Agency, dated 6 February 2013; and Edmund Rice Center, ​Australian sponsored Torture in Sri Lanka? The unforeseen consequences of supporting a brutal regime to stop the boats at any cost, 12 August 2015. The complaint attaches a copy of a document dated 12 May 2014, issued by a social worker, identified as accredited mental health social worker, which was not submitted to the State party’s authorities previously. 6 6