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 fingernails, 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 application, prepared between the airport and DIMA interviews with the assistance of a
legal representative. In the State party’s view, his explanation that the interpretation and/or
transcription of his airport interview was inadequate is unconvincing.
4.5
Secondly, the complainant made contradictory statements about the acquisition of the
passport he used to enter Australia and his use of passports generally. The complainant
continued to make inconsistent statements on this issue throughout the procedure to such an
extent that the delegate of the DIMA could make no finding as to his identity or nationality. The
State party sets out in detail the contradictions in the complainant’s evidence, including one
statement that he obtained his passport in the marketplace from a man he did not know and to
whom he paid nothing, another that he used his brother’s passport to leave Sudan and travel
through Chad, Libya, Malta, Malaysia and Singapore over a period of two years, and yet a third
contradiction that it was an official passport but it contained wrong information.
4.6
Thirdly, the State party invokes the complainant’s lack of credibility concerning his
claimed political activities and the interest of the Sudanese authorities therein. His evidence
about his political involvement vis-à-vis his employment was implausible, contradictory and
became increasingly convoluted over time. During the DIMA interview, the complainant
described his main task as guarding either the prison or administration building and ensuring that
there were no illegal entries. In the second RRT hearing, he claimed he transmitted letters
between political prisoners and their families, without explaining how he had contact with the
prisoners when his job was to act as sentinel at the external entrance to the buildings. He also
claimed in this hearing that this transmission service operated successfully because the prisoners
had an “instinctive ... sense”, that he had sympathetic political aims.
126
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