CAT/C/49/D/416/2010
whether there were substantial grounds for believing that the complainant would face a
foreseeable, real and personal risk of being subjected to torture if deported to his country of
origin, the State party has failed to duly verify the complainant’s allegations and evidence,
through proceedings meeting the State party’s procedural obligation to provide for
effective, independent and impartial review as required by article 3 of the Convention. The
Committee, therefore, finds that the complainant has not had access to an effective remedy
against the decision to reject his application for a Protection Visa. Accordingly, the
Committee concludes that the deportation of the complainant to his country of origin would
constitute a violation of article 3 of the Convention.
8.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, therefore concludes that the deportation of the complainant to China would
constitute a violation of article 3 of the Convention.
9.
Pursuant to rule 118, paragraph 5, of its rules of procedure, the Committee invites
the State party to inform it, within 90 days from the date of the transmittal of the present
decision, of the steps it has taken in accordance with the above observations.
[Adopted in English, French and Spanish, the English text being the original version.
Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee’s
annual report to the General Assembly.]
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