CAT/C/52/D/455/2011
are easy to obtain in certain countries. Lastly, the complainant chose to submit that
document in 2011. Given the foregoing, the State party concludes that there are serious
concerns about the genuineness of the document.
4.6
It submits that even if the document is genuine, there is no evidence that the injury
to the complainant’s finger was intentional or aimed at obtaining information about Tien
Tao practitioners nor that the injury was due to torture, as defined under article 1 of the
Convention.
4.7
Concerning the complainant’s claim that during her visit to China, L.D.Z. had
encountered harassment from the police about her relationship with the complainant, that
claim was considered by the Immigration Department in May 2010 and found not to be
credible as there was no evidence that the complainant was of interest to the Chinese
authorities due to her religious beliefs. Despite the presumed senior role of L.D.Z. in the
Tien Tao religion, the fact that she was able to enter and leave China without being
subjected to torture indicates that the complainant, who does not hold a prominent role in
the religion, would not risk being subjected to torture if deported to China.
4.8
The State party claims that the complainant’s communication to the Committee does
not contain any new information that was not examined during the domestic processes. The
RRT considered and rejected her claim regarding persecution in China for practicing Tien
Tao. It was not convinced that she had been persecuted, and it felt that her engagement in
Tien Tao activities in Sydney was made solely for the purpose of strengthening her
application before the Immigration Department. The Federal Court and the High Court
upheld the decision of the RRT as no error of law was found. The State party recalls the
Committee’s practice not to question the evaluation of the evidence made in domestic
processes.
4.9
The State party concludes that the complainant’s claims that she would be at risk of
torture if returned to China were found not credible by the Immigration Department and
that there has been no material change in the complainant’s circumstances since her last
application for ministerial intervention in March 2011. Accordingly, in the absence of any
credible evidence that the complainant would be at risk of torture, her deportation to China
would not be in breach of article 3 of the Convention, and thus her claims should be
dismissed for lack of merits.
4.10 On 28 February 2013, the State party provided the Committee with general
information on the domestic processes it undertakes in assuming its non-refoulement
obligations. It submits that in 2011 to 2012, it granted 7,083 protection visas to applicants
in Australia; each applicant is carefully assessed in a robust determination process in line
with Australian international protection obligations.
4.11 In 2012, new legislation came into force that provides additional protection in
connection with Australia’s non-refoulement obligations. The examination of a protection
visa application consists of the following: first instance consideration by officers of the
Immigration Department; review of the merits by the RRT; judicial review by Australian
courts, including the Federal Magistrate Court, the Federal Court and the High Court.
Finally, should the applicant not be successful in obtaining a protection visa, application for
ministerial intervention may be pursued, whereby the Minister for Migration may intervene
in favour of the applicant, if public interest so requires.
4.12 If after exhausting all domestic processes, Australia’s protection obligation is not
engaged, domestic law requires the removal of the person concerned from Australia as soon
as reasonably practicable, and the person concerned is notified accordingly. Before
facilitating the return of the person concerned, the State party undertakes a final preremoval clearance process, in which it verifies that no new information has emerged that
would engage its international protection obligation. The Office of the United Nations High
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