- 111 - Complaint No. 138/1999 Complainant: Mr. M.P.S. Represented by: Ms. Chanrani Buddhipala, counsel in Epping, Australia State party: Australia Date of Complaint: 4 June 1999 (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 30 April 2002, Having concluded its consideration of complaint No. 138/1999, 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 complainant and the State party, Adopts this Decision under article 22, paragraph 7, of the Convention. 1.1 The complainant is Mr. M.P.S., a Sri Lankan national of Tamil ethnicity, who, at the time of submitting his complaint, was detained at the Villawood Detention Centre in Sydney, Australia. He claims that his removal to Sri Lanka entailed 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 counsel. 1.2 In accordance with article 22, paragraph 3, of the Convention, the Committee transmitted the complaint to the State party on 21 June 1999 at 2.35 p.m. Geneva time. At the same time, acting under rule 108 of its rules of procedure, the Committee requested the State party not to expel the complainant to Sri Lanka while his complaint was being considered. The Committee notes the information from the State party that the complainant was removed from Australia on 21 June 1999. The Secretary-General’s note verbale was received by the Permanent Mission of Australia when the complainant had allegedly already been deported to Sri Lanka. The facts as submitted by the complainant 2.1 On 9 September 1997, the complainant arrived in Australia without a passport or other identification papers. On 15 September 1997, he applied for refugee status (protection visa) to the Department of Immigration and Multicultural Affairs. His application was rejected on 25 September 1997. The decision not to grant a protection visa was confirmed by the Refugee Review Tribunal (RRT) on 30 October 1997, after conducting a hearing, where a legal adviser and an interpreter assisted the complainant. Upon decision of the Federal Court of 13 May 1998, the matter was referred back to the RRT for re-determination.