2.11 The complainant claims that he does not feel safe in South Africa after his expulsion
from Australia. He argues that there is no guarantee under South African law that he cannot be
expelled at any time. His concern about the actions of the South African Government include
the notification of the Algerian Ambassador of his presence in South Africa; accepting and then
revoking acceptance of an asylum application and revoking the grant of temporary visa; his
detention beyond the statutory limit of 30 days in the Lindela detention centre. He claims that
because of arms trade between the Governments of South Africa and Algeria, he fears his
application will be rejected in deference to trade imperatives.
2.12 It is submitted that the complaint has not been submitted to any other procedure of
international investigation or settlement.
The complaint
3.1
The complainant claims that there are substantial grounds for believing that he would be
in danger of being subjected to torture upon return to Algeria and that, therefore, Australia would
be violating article 3 of the Convention if he were returned there. He claims that he fears
prosecution in Algeria on account of his political opinions and membership of the Islamic
Salvation Front (FIS). He also fears having to serve in the Algerian army, and claims that
members of his family were accused by the Algerian authorities of supporting armed Islamic
groups. As a consequence he and other members of his family were targeted by the Algerian
army.
3.2
It is submitted that the complainant is personally at risk of being subjected to torture
because of his support of the FIS and his close family relationship with several people who have
been targeted because of their membership of the FIS and, in some cases, their history of
standing as FIS candidates.
3.3
Finally, it is submitted that the complainant is personally at risk of being subjected to
torture due to the publication of the decision of the Federal Court. The decision provides
personal details and family details, his claims, and the process of his application for protection in
Australia. The complainant claims that such publication rendered him personally at risk if he is
forcibly returned to Algeria because of the probability that the Algerian authorities are aware of
the published decision and of the details of his application for protection.
3.4
The author argues that Algeria remains an authoritarian State with a consistently poor
record of gross and flagrant human rights abuses. It is submitted that those detained on national
security grounds in Algeria are routinely subjected to torture, and the reports of several
organizations are invoked in support of this argument. This evidence is said to establish
“substantial grounds” for believing that the complainant would be in danger of being subjected
to torture on return to Algeria.
3.5
The complainant seeks a finding that his expulsion from Australia, in circumstances
where he does not have the right to return or go to any other country except Algeria, constitutes a
violation of article 3 of the Convention.
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