4.7
The State party submits that there is a lack of detail concerning, and independent
corroboration of, the ill-treatment allegedly experienced by the complainant at the hands of the
Sudanese authorities. The complainant only once provided the details of the one incident of
alleged physical ill-treatment referred to in paragraph 4.4. Even if this claim was credible, mere
threats of physical violence by the Sudanese authorities: arrest and interrogation; and a house
search followed by low-level surveillance for a short period do not constitute harm amounting to
severe pain or suffering. There is no evidence that the complainant suffered actual physical
harm.
4.8
With respect to the alleged rally itself, the State party submits that it has been unable to
find any information referring to such a rally in April 1992. Given that it is the only public
political event that the complainant alleges to have been involved in, the failure of either his
representatives or the State party to uncover any evidence of it seriously undermines the
credibility of his claim. The complainant attempted to play down the scale of this rally when
asked to explain why there was no independent evidence that it had taken place.
4.9
With respect to the evidence provided to corroborate the complainant’s claim that he was
politically active in the Umma Party, the evidence produced by him in the form of a fax from the
London branch was rejected by the RRT for its low probative value. There is no information in
the fax that demonstrates any knowledge of the complainant personally, beyond stating that he is
a party member, and simply makes general statements about the persecution of Umma members
in Sudan. A letter from the National Democratic Alliance (Sudan) Australia Branch (NDA),
dated 5 February 1998, addressed “to whom it may concern” similarly displays a lack of specific
knowledge of the complainant’s circumstances or background. It refers to him only once,
describing him as “a political activist [who is] committed and opposing to [sic] the Government
of Sudan since June 30, 1989, when the Democratic Government was overthrown”. As the RRT
member noted in the reasons for her decision, the complainant never claimed to either DIMA or
the RRT that he was a political activist from the time of the coup. In fact, at the second RRT
hearing, he claimed that he had been active only in 1992 and 1993.
4.10 The State party notes that the evidence given both orally and in writing to the RRT, a
member of the local Sudanese community, whom the complainant met for the first time in
Sydney, is of equally doubtful probative value. She stated at the first RRT hearing that she did
not know the complainant in Sudan, but went to school with two of his cousins, and that she
telephoned the London branch of the Umma Party to confirm his membership. While her claims
may be true, the State party deems information about the level of generality she obtained from
the London Umma branch to be less significant than the complete absence of documentary
evidence from the complainant himself regarding his Umma membership and his alleged
reputation as a political dissident. Her statement, if accepted, merely supports the complainant’s
claim that he is of Sudanese origin.
4.11 On the issue of the complainant’s alleged conscientious objection, the State party submits
that his evidence before the RRT regarding compulsory military service was contradictory and
unconvincing and there is no independent corroborating evidence of his conscientious objection
to the civil war. The State party sets out in detail the complainant’s evidence on this issue to the
first and second hearing of the RRT, which differs in many respects. Significantly, the member
of the second RRT did not accept his claims concerning his being called up for duty and did not
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