CAT/C/22/D/120/1998 page 6 4.8 According to the State party it was ultimately “generally agreed that the definition should be extended to cover acts committed by, or at the instigation of, or with the consent or acquiescence of a public official or any other person acting in an official capacity”. 7 It was not agreed that the definition should extend to private individuals acting in a non-official capacity, such as members of Somali armed bands. B. Observations on merits 4.9 In addition to contesting the admissibility the State party argues, in relation to the merits, that there are no substantial grounds to believe that the author would be subjected to torture if returned to Somalia. The author has failed to substantiate his claim that he would be subjected to torture by members of the Hawiye and other armed clans in Somalia, or that the risk alleged is a risk of torture as defined in the Convention. 4.10 The State party points to the existing domestic safeguards which ensure that genuine applicants for asylum and for visas on humanitarian grounds are given protection and through which the author has been given ample possibilities to present his case, as described below. In the primary stage of processing an application for a protection visa, a case officer from the Federal Department of Immigration and Multicultural Affairs (DIMA) examines the claim against the provisions of the Convention relating to the Status of Refugees. When there are claims which relate to the Convention against Torture and further clarification is required, the officer may seek an interview, using an interpreter if necessary. Applicants must be given the opportunity to comment on any adverse information, which will be taken into account when their claim is considered. Assessments of claims for refugee protection are made on an individual basis using all available and relevant information concerning the human rights situation in the applicant’s home country. Submissions from migration agents or solicitors can also form part of the material to be assessed. 4.11 The State party further explains that if an application for a protection visa is refused at the primary stage, a person can seek review of the decision by the Refugee Review Tribunal (RRT), an independent body with the power to grant a protection visa. RRT also examines claims against the Convention relating to the Status of Refugees. If RRT intends making a decision that is unfavourable to the applicant on written evidence alone, it must give the applicant the opportunity of a personal hearing. Where there is a perceived error of law in the RRT decision, a further appeal may be made to the Federal Court for judicial review. 4.12 DIMA provides for application assistance to be given to eligible protection visa applicants. Under this scheme, all asylum seekers in detention have access to contracted service providers who assist with the preparation of the application form and exposition of their claims, and attend any interview. If the primary decision by DIMA is to refuse a protection visa, the service providers may assist with any further submissions to DIMA and any review applications to RRT. 4.13 The State party draws the attention of the Committee to the fact that, in the present case, the author had the assistance of a migration agent in