CAT/C/31/D/153/2000 Page 7 Issues and proceedings before the Committee : Consideration of admissibility: 5.1 The Committee has noted the State party’s information that the return of the complainant was not suspended and that it had not received in time the Committee’s request for interim measures under rule 108, paragraph 1, of its rules of procedure. The complainant was returned to Johannesburg on 26 January 2000. He stayed in South Africa for some time, but his current whereabouts are unknown. 5.2 Before considering any claims contained in a complaint, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. In this respect the Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention that the same matter has not been and is not being examined under another procedure of international investigation or settlement. The Committee also notes that the State party has not contested that domestic remedies have been exhausted. The State party further submits that the complainant has not substantiated his case for purposes of admissibility. It refers to the Committee’s Views in G.R.B. v. Sweden1 , in which the Committee held that “A State’s party’s obligation to refrain from forcibly returning a person to another State where there are substantial grounds to believe that he or she would be in danger of being subjected to torture is directly linked to the definition of torture as found in the article 1 of the Convention”. The State party also notes that the Committee stated that the burden is on the author to present an arguable case. The State party explains that this means establishing a factual basis for the author’s position sufficient to require a response from the State party. It argues that the facts relating to the complainant are not such as to warrant any response from Australia, and reiterates that the Committee noted that the risk of torture must be assessed on grounds that go beyond mere theory or suspicion. For the State party, there are no substantial grounds for believing that the complainant will be subjected to torture. 5.3 Notwithstanding the State party’s observations, the Committee considers that the complainant has provided sufficient information on the danger the complainant claims to run in the event of his return to Algeria to warrant consideration of his complaint on the merits. As the Committee sees no further obstacles to admissibility, it declares the complaint admissible and proceeds to the consideration of the merits. Consideration of the merits: 6.1 The Committee must decide whether the forced return of the complainant to Algeria would violate the State party’s obligation, under article 3, paragraph 1 of the Convention, not to expel or return (refouler) an individual to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. In order to reach its conclusion the Committee must take into account all relevant considerations, including the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights. The aim, however, is to determine whether the individual concerned would personally risk torture in the country to which he or she would return. It follows that, in conformity 1 Case No. 083/1997, Views adopted 15 May 1998.