CAT/C/61/D/725/2016
result of this event. Furthermore, the medical certificate from Sri Lanka appeared to be
backdated and was most likely issued while the complainant was in Australia.
Consequently, the Department did not consider it to be credible evidence and did not accept
the new claim he had been harmed during the incident at the university.
4.18 The State party submits that the complainant provided further evidence to support
his claim of harm from the Tamil Tigers and Criminal Investigation Department. This
included the above-mentioned letter from his father, detailing allegations that family
members had been targeted by the Tamil Tigers for forcible recruitment and that members
of the Criminal Investigation Department and the Tamil Tigers had assaulted the
complainant and his father. It also included the above-mentioned letter from the
complainant’s mother, attesting to the assault by the Criminal Investigation Department
officers and threats made to her eldest son and husband. Both letters alleged that the
Criminal Investigation Department were still looking for the complainant and the letter
from his mother alleged that he would be detained and tortured if returned to Sri Lanka.
The Refugee Review Tribunal accepted that the complainant had experienced some
harassment from the Tamil Tigers while growing up and had to move around. However, it
did not accept that he had suffered harm from the Criminal Investigation Department, or
that he was at risk of suffering harm on return to Sri Lanka. His claim relating to his brother
and uncles being forcibly recruited by the Tamil Tigers and his claim of being assaulted
were raised for the first time in his second ministerial intervention request, which
concluded he had not advanced any credible new claims.
4.19 According to the State party, sources19 suggest Tamils who are suspected of having
links to the Tamil Tigers may be detained and tortured upon return to Sri Lanka. However,
the Refugee Review Tribunal did not accept that the complainant had been or would be
identified or perceived to be a member or supporter of the Tamil Tigers. 20 Furthermore,
country information from the Department of Foreign Affairs and Trade suggests that close
relatives of Tamil Tigers members, particularly high-profile members, who are wanted by
Sri Lankan authorities may be subject to monitoring. Thus, even if the Department of
Immigration and Border Protection were to accept the claim as credible as a result of the
new evidence, it would not alter the finding that the complainant was not a person in
respect of whom the State party had protection obligations, as there was no evidence to
indicate his uncles or brother were high-profile members of the Tamil Tigers or wanted by
authorities, and monitoring, in and of itself, does not constitute torture under the
Convention or otherwise engage the State party’s non-refoulement obligations.
4.20 The State party submits that there has been no relevant adverse change to the
country situation since the complainant’s claims were last assessed to indicate that its nonrefoulement obligations would be engaged in his case. It asserts that, in respect of domestic
processes and in submissions to the Committee, the complainant has not established the
existence of additional grounds to show he is at a foreseeable, real and personal risk of
torture if returned to Sri Lanka. Furthermore, the issues raised by him relating to the human
rights violations in and the return of asylum seekers to Sri Lanka have been specifically and
carefully considered by all domestic processes. Relevant decision makers considered
extensive country information and concluded that the complainant did not have a profile of
significance that might draw adverse attention. The State party therefore reiterates that the
complainant has not provided sufficient evidence that indicates he would be personally at
19
20
8
See Human Rights Watch, World Report 2016 (New York, 2015), pp. 530-532. Available from
www.hrw.org/sites/default/files/world_report_download/wr2016_web.pdf. See also Amnesty
International, Report 2015/16 (London, 2016), p. 340. Available from
www.amnesty.org/en/documents/pol10/2552/2016/en.
Since his election in January 2015, President Maithripala Sirisena, who was supported by the Tamil
National Alliance, has reduced the number of banned organizations and individuals related to the
Tamil Tigers from 16 and 424 to 8 and 155, respectively, in an effort to aid reconciliation with Tamils.
Furthermore, when speaking to the Prime Ministers of Australia and Canada at the Commonwealth
Heads of Government Meeting, the President invited Sri Lankans who had fled to those countries to
return. President Sirisena also released 30 suspected former Tamil rebels from detention on bail and
returned thousands of acres of confiscated land to Tamils.