CAT/C/58/D/599/2014
the country to which he is to be returned.7 In this connection, the State party maintains that
the complainant has failed to establish such risk. Should the Committee consider the
communication admissible, the State party submits that the complainant’s claims are
without merit.
4.4
The State party argues that the complainant’s claims were thoroughly considered by
a number of domestic decision makers and review bodies, including the Federal Circuit
Court. Each body specifically considered the complainant’s claims and determined that he
was not at a foreseeable, real or personal risk of torture under article 3 of the Convention if
returned to Sri Lanka. In particular, the complainant’s claims were assessed under the
complementary protection provisions of section 36 (2) (aa) of the Migration Act, which
contains the State party’s non-refoulement obligations under, inter alia, the Convention.
The State party notes that the complainant has not provided any relevant new evidence in
his submissions to the Committee that has not already been considered in the domestic
administrative and judicial proceedings. In this regard, the State party refers to the
Committee’s general comment No. 1, in which it is stated that the Committee is not an
appellate or judicial body and that it gives considerable weight to findings of fact that are
made by the organs of the State party concerned.
4.5
The State party acknowledges that complete accuracy can seldom be expected from
victims of torture,8 however, that factor was taken into consideration by the domestic
authorities when forming their views on the complainant’s credibility. In assessing the
complainant’s protection visa application, a reasonable margin of appreciation was given to
flaws and inconsistencies in his testimony.
4.6
The State party notes that the complainant’s claims were considered during the
protection visa proceedings as well as in the independent merits review by the Refugee
Review Tribunal, the judicial review by the Federal Circuit Court, the review of the
complainant’s appeal of the Federal Circuit Court’s decision before the Federal Court of
Australia and the review of his request for ministerial intervention of 11 December 2013.
4.7
In particular, the complainant lodged an application for a protection visa on 30 June
2012. He was granted a bridging visa on 16 August 2012 while his protection visa
application was being considered by the Department of Immigration and Border Protection.
On 16 August 2012, the complainant’s protection visa application was refused. The
complainant was granted additional bridging visas on 13 June 2013 and 14 August 2013
through ministerial intervention under section 195A of the Migration Act.
4.8
The State party submits that the authorities interviewed the complainant (with the
assistance of an interpreter) and also considered other relevant material, such as country
information provided by the Australian Department of Foreign Affairs Trade and by nongovernmental organizations such as Amnesty International. The authorities had considered
all of the claims made by the complainant in his submissions to the Committee, except the
claim relating to his activities in Australia, which had not been raised by the complainant at
that any stage. The authorities found that the complainant’s claims that he left school when
he was 10 years old because school attendance was too dangerous and that he subsequently
spent six years living with family and friends in Colombo were not credible. The authorities
also concluded that the difficulties experienced by the complainant at the hands of the army
officers while he was employed as a jeweller in Colombo were not serious enough to
constitute serious harm and therefore did not amount to persecution. The authorities further
concluded that his past experiences of harassment did not provide evidence that he would
7
8
4
Ibid., para. 4; also G.R.B. v. Sweden.
See communication No. 21/1995, Alan v. Sweden, Views adopted on 8 May 1996, para. 11.3.