CCPR/C/127/D/2276/2013
certain individuals of Tamil ethnicity who are suspected of having links to LTTE may be in
need of international protection.8
8.6
The Committee, however, notes that the author does not argue that he, or any family
member, was ever a member of LTTE or that he has participated, supported or been
involved in the activities of LTTE in any manner; rather, he submits that his Tamil ethnicity,
his alleged detentions, his scars and his status as a failed asylum seeker constitute sufficient
elements to conclude that he would be perceived as a person with links to LTTE. Against
this background, the Committee notes that the Refugee Protection Division rejected the
author’s refugee application since it concluded that the author had failed to demonstrate that
he had any connection to LTTE and would therefore be of no interest to the Sri Lankan
authorities, nor did he fall under any other risk category that could indicate that he would be
of interest to the Sri Lankan authorities. The Committee further notes that parts of the
author’s claims were also found to lack credibility owing to discrepancies in the account of
events he presented to Canadian immigration authorities, compared with those he had
previously presented to immigration authorities in the United States. Additionally, the
Committee notes that there are also discrepancies in the author’s account of events as to the
scars on his body. He initially stated in his application for asylum in Canada that the scars
had been inflicted in a shelling attack during the war. He later stated, in his pre-removal
risk assessment application, that he had obtained scars as a result of torture. The Committee
also finally notes the State party’s argument that the author left Sri Lanka legally in 2011,
travelling by air on his own passport, without having reported any problems faced in
departing from Sri Lanka. While the author disagrees with the conclusions reached by the
State party authorities, the Committee finds that the facts before it do not allow it to
conclude that the authorities’ assessment of the facts and evidence was clearly arbitrary or
amounted to a manifest error or denial of justice. Accordingly, the Committee cannot
conclude that the information before it shows that the author would face a personal and real
risk of treatment contrary to articles 6 (1) and 7 of the Covenant if he were to be removed to
Sri Lanka.
9.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the author’s removal to Sri Lanka would not be a violation by the State party of articles
6 (1) and 7 of the Covenant.
8
10
Y. v. Canada (CCPR/C/114/D/2280/2013), para. 7.6.