CAT/C/61/D/720/2015
would put him at risk of harm, the State party submits that he has not provided evidence to
substantiate that claim. Immigration and Border Protection consulted recent country
information, which suggested that Tamils suspected of having links to LTTE may be
detained and tortured upon return, 21 however, the complainant has been found not to have
any connections to LTTE. 22 The State party contends that, if he is associated with any
Tamils who had departed Sri Lanka illegally and who were returned as failed asylum
seekers, there would likely be no risk to him as a result of such association.
4.21 With regard to the new pieces of evidence provided by the complainant in his
submission to the Committee, notably a medical certificate attesting that he suffered a
broken hand during his detention by the Sri Lanka Army, the Refugee Review Tribunal
accepted the complainant’s claim his hand was injured and that it may have occurred during
his detention by the Army. It also accepted his claim that he was cleared to travel to
Colombo for medical reasons. The Tribunal further accepted that the harm referred to in
this evidence occurred in the past, however, it did not find that the complainant would be at
risk of harm or persecution at the present time, as he is not of interest to the authorities.
Therefore, the State party maintains that the medical certificate does not alter the basis for
the Tribunal’s finding.
4.22 As regards a copy of an affidavit signed by the complainant’s mother, in which she
claims that the complainant was employed by LTTE from 2002 to 2006; detained upon his
return to Sri Lanka from Qatar; she sold her property to pay for his journey to Australia;
and he is of interest to the authorities and will face death if returned to Sri Lanka, the State
party notes that the complainant has never claimed involvement with LTTE and, in fact, has
denied any involvement. In fact, the Tribunal found that he is not suspected of LTTE
involvement nor of interest to the authorities. Therefore, the Immigration and Border
Protection gave little weight to that piece of evidence. Lastly, the complainant provided a
copy of a deed of sale for his mother’s property to demonstrate that his mother had financed
his travel, as she claimed. However, the State party notes that the issue of the sale of land is
not material to the complainant’s claims of risk of harm upon return to Sri Lanka. The State
party submits that Immigration and Border Protection assessed those new pieces of
evidence and did not accept that they, on their own or in conjunction with the previous
findings, provided any new information to indicate that the State party’s non-refoulement
obligations under article 3 of the Convention would be engaged if the complainant was
returned to Sri Lanka.
4.23 Finally, the State party challenges the complainant’s claim that internal relocation is
not an option within Sri Lanka for a person at risk from the authorities since the
Government controls the whole of Sri Lanka and persons who departed illegally and failed
asylum seekers are immediately detected and taken into custody upon arrival at Colombo
Airport. In that regard, the State party asserts that the complainant is not of adverse interest
to the authorities and he would not be remanded in custody upon return because he departed
Sri Lanka legally. It claims the complainant provided outdated country information on the
human rights violations in the region where he is from in Sri Lanka, and during all the
assessments, the domestic decision makers took into account current and relevant
21
22
8
See Human Rights Watch, World Report 2016: Sri Lanka. Available at www.hrw.org/sites/
default/files/world_report_download/wr2016_web.pdf, pages 530-532.
See Amnesty International, Amnesty International Report 2015/16: Sri Lanka. Available at
www.amnesty.org/en/documents/pol10/2552/2016/en/.
The State party states that advice from the British High Commission reveals that Tamils can be, but
would not usually be, charged with illegally departing Sri Lanka, and there is no mention of any
mistreatment occurring to illegally departed persons on this basis (see United Kingdom, Home Office,
Sri Lanka — Bulletin: Treatment of Returns, December 2012, pp. 105-106). Furthermore, the
Government of Sri Lanka has taken various steps towards reconciliation with Tamils and is
encouraging their return to the country (see “Sri Lanka delists several alleged pro-LTTE
organizations and individuals from terror list”, Colombo Page, 21 November 2015. Available from
www.colombopage.com/archive_15B/Nov21_1448122543CH.php; also “Canada, Australia leaders
commend President Sirisena on remarkable changes brought to governance in Sri Lanka”, Colombo
Page, 29 November 2015. Available from www.colombopage.com/archive_15B/Nov29_
1448776552CH.php.).