CAT/C/32/D/148/1999
Page 7
4.2 The State party invites the Committee to decide that findings of fact by
domestic bodies, that are relevant to the assessment of risk under article 3,
will be accepted by the Committee unless there is clear evidence of manifest
arbitrariness, injustice or a violation of judicial independence or impartiality.
It submits that the interpretation and application of domestic law is primarily a
matter for national courts and generally not appropriate for review by the
Committee. It further argues that the RRT is independent and experienced in
the review of Sudanese citizens’ applications, having received 21 applications
from Sudanese nationals in 1997 and 1998. Of the 8 applications that were
heard and determined among the 21 applications made, the RRT set aside the
decision of the immigration authorities to refuse a protection visa in the
majority of cases (5), and affirmed the decision in 3 cases. In this case, the
complainant had the benefit of two separate hearings before the RRT. His
legal representative was present during both hearings and he was assisted by a
professional interpreter on each occasion. The State party notes that the
complainant has not provided the Committee with any new country
information that was not also available to, and considered by, the RRT.
4.3 The State party submits that the evidence supporting the allegation of
torture lacks credibility and accordingly a prima facie case has not been
established. In the course of questioning by the RRT, the complainant made
inconsistent statements concerning three significant issues. Firstly, he
significantly changed his evidence regarding previous experiences with the
Sudanese authorities. On arrival at Sydney airport and when asked whether
he was threatened with physical violence by the Sudanese authorities, he
answered “Yes”. However, when asked, “In what form?”, he changed his
response to, “No, I have not been threatened”. He then became uncooperative
with the interpreter.
4.4 When interviewed by the DIMA, the complainant asserted that he had told
the interpreter at the airport that he had been threatened with, “cutting finger
nails, and also hitting the chest - like burning ... removing the fingernails,” but
that he had not been tortured. He also claimed to have been threatened with
these forms of torture in his supporting statement for his protection visa