CAT/C/60/D/648/2015 5.17 The application under section 417 was also rejected without reasons being given. Again, there is no obligation for the claim to be considered and, the procedure being discretionary, it cannot be reviewed. 5.18 The complainant avers that during his background check at the airport, Sri Lankan authorities will come to know of his court appearances in 2006 and his criminal record at the very least. Further, his interpreter in Timor-Leste was a Sri Lankan officer who may have communicated the fact of the complainant’s claims to the Sri Lankan authorities. 5.19 The complainant states that the most recent country information demonstrates that young Tamil males suspected of LTTE involvement have a foreseeable, real and personal risk of being subjected to torture upon return to Sri Lanka, as already stated in his initial communication to the Committee. He also refers to a BBC report which outlines accounts of victims detained, tortured or gang raped by security forces, including under the Government of President Sirisena. 21 The International Truth and Justice Project also outlines the continued allegations of torture and “white van” abductions despite the change in Government.22 5.20 In conclusion, the complainant submits that his communication is admissible and has merit and that any attempt to deport him would violate the State party’s obligations under the Convention. In particular, the Committee should not accept the decision of the second independent merits review to be correct and final as the new evidence clearly corroborates the complainant’s claims. The new documents provide indisputable evidence that he was accused of LTTE involvement and is therefore likely to be suspected of such upon re-entry. The country information provided demonstrates that Tamil men are likely to experience torture upon return to Sri Lanka. State party’s additional observations on the complainant’s comments 6.1 By note verbale dated 20 May 2016, the State party submitted its observations on the complainant’s comments. 6.2 The State party maintains that the complainant offered a number of differing versions regarding his application for an Australian visa and considers that, despite the evolving narrative of the circumstances of the claim, the complainant has not provided any evidence to support the claim that he would be of interest to the Sri Lankan Government solely because he applied for such a visa. 6.3 Regarding the complainant’s claim of having an informant at the Australian High Commission and his detention by the Criminal Investigation Department, the State party asserts that the complainant has provided no information or evidence to support the claim that he was detained because of his sex and no country information that would support this, and states that it therefore does not consider this claim to be credible. 6.4 The State party posits that even if it were to be accepted that the Criminal Investigation Department had arrested the complainant for any reason, they did not pursue him when he returned to his home village, Kalmunai, at the end of 2006, which indicates that he has not been of interest to the Department for 10 years. The State party therefore reiterates the conclusion of the Department of Immigration and Border Protection that there is no sufficient evidence to support the claim that the complainant would be at risk of torture in Sri Lanka. 6.5 The State party assesses that it is implausible that the Criminal Investigation Department would have released him if it had suspected him of being a terrorist. 6.6 Regarding the court documents produced by the complainant, the State party confirms that they were assessed by the Department of Immigration and Border Protection and found not to support any new and credible claim that the complainant would be at risk 21 22 10 The original link is no longer accessible, but the BBC report quoted is available from http://lankanewsweb.net/news/item/1906-tamils-still-tortured-in-sri-lanka-say-rights-groups, dated 8 January 2016. See www.thesundayleader.lk/2016/01/10/sooka-reignites-white-van-abductions-debate/.