CAT/C/71/D/802/2017
in Jilin was inauthentic, and that the complainant’s statement regarding its authenticity was
not convincing. The Committee also notes that the complainant has not provided details
regarding the Falun Gong-related protest activities in which she allegedly participated in
Australia.
9.9
While noting the complainant’s claim that the online publication of her name and
claim for protection in the decision of the Federal Court have exposed her to a risk of harm
because the Government of China has had the opportunity to identify her as a Falun Gong
practitioner, the Committee notes that the decision also contained a determination that the
complainant was not a genuine Falun Gong practitioner. The Committee considers that the
information set forth by the complainant does not establish error in the finding of the
domestic authorities that the Government of China would not identify her as a genuine Falun
Gong practitioner.
9.10 On the basis of the information above, the Committee considers that the complainant
has not provided sufficient evidence to enable it to conclude that her forcible removal to
China would expose her to a foreseeable, real, present and personal risk of torture within the
meaning of article 3 of the Convention. Moreover, her claims do not establish that the
evaluation of her asylum application by the State party’s authorities failed to comply with
the standards of review required by the Convention.
10.
The Committee, acting under article 22 (7) of the Convention, decides that the
complainant’s removal to China by the State party would not constitute a violation of article
3 of the Convention.
GE.21-11876
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