CAT/C/60/D/623/2014
viewed individually and combined, have not demonstrated that he has ever been of interest
to the Sri Lankan authorities, in the past or at present.
4.2
Citing the judgment of the European Court of Human Rights in N.A. v. United
Kingdom2 and the decision of the Upper Tribunal of the United Kingdom of Great Britain
and Northern Ireland in G.J. and others,3 and on the basis of his claims, the State party
assesses that there is no real risk that the complainant would be perceived to have a
significant role in diaspora activities designed to destabilize the unitary Sri Lankan State
and revive the internal armed conflict.
4.3
The State party considers that the complainant has not established satisfactorily that
the Sri Lankan authorities were aware of his participation in LTTE. The State party does
not accept as evidence the letter from the commanding officer summoning the complainant
to report to the army camp; the State party’s Royal Military and Border Police was unable
to establish whether the letter in question was genuine. The State party also points out that
the letter was handwritten and sent to the complainant more than three years after his
departure from Sri Lanka, and notes that it is possible in Sri Lanka to purchase forged
documents, stamps, stickers and forms. 4 Even if the Government has learned or would learn
that the complainant was a member of LTTE, this is not a sufficient reason to assume that
he will be viewed as a Tamil activist and a present risk to the State, given his insignificant
role in LTTE, his escape and his forced stay with LTTE as a minor.
4.4
The State party notes that only in his last asylum application in 2014 did the
complainant provide information about the death in 2006 of his cousin, who was an LTTE
member. The State party found it implausible that the complainant did not know about the
death of his cousin, having been in communication with his uncle. The complainant has not
provided information on the position of his cousin within LTTE, or on whether he or
members of his family have ever had problems in connection with his cousin’s activities
during or after the conflict. Therefore, the State party cannot conclude that the complainant
would be at risk upon return to Sri Lanka for this reason.
4.5
The State party observes that the complainant has not shown that the Sri Lankan
authorities know about the Facebook pictures taken during the LTTE sports activities and
commemoration of Heroes’ Day. It is doubtful that the Sri Lankan authorities could link
untagged pictures of the complainant participating in a football tournament on “Martyrs’
Day” with the complainant. However, even if they could establish his identity on that basis,
the activities in question are too marginal for him to be considered to be an activist.
4.6
The State party submits that the complainant did not mention his scars until his third
asylum application and did not explain why he had not mentioned them earlier, nor did he
state that the scars were a result of torture. As there is no indication that the complainant
has attracted the adverse attention of the Sri Lankan authorities, there is also no reason to
conclude that he will attract such attention merely because of his scars.
4.7
Regarding the complainant’s claim that without an identity card and with an
emergency passport he would be detained in the airport and the authorities will find out that
he applied for asylum, the State party submits that the Sri Lankan authorities are aware that
many people emigrate for economic reasons. The State party also submits that every year
the number of Tamil asylum seekers forcibly returned to Sri Lanka varies from a few to
more than a thousand.5 While it is acknowledged that some returnees have become victims
of treatment contrary to the Convention, this does not necessarily lead to the conclusion that
every returnee faces such a risk.
2
3
4
5
Application No. 25904/07, judgment of 17 July 2008.
United Kingdom, Upper Tribunal (Immigration and Asylum Chamber), G.J. and others v. Secretary
of State for the Home Department, decision adopted on 5 July 2013.
See www.rijksoverheid.nl/documenten-en-publicaties/ambtsberichten/2014/10/02/sri-lanka-2014-102.html.
Reference is made to The Migration Observatory, “Deportations, removals and voluntary departures
from the United Kingdom”, 23 June 2014.
3