4.4 The State party requests that the complaint be declared inadmissible ratione materiae as far as the complainant relies on an interpretation of article 3 of the Convention that a pattern of gross violations of human rights in the receiving State is sufficient to trigger the international protection of article 3. 4.5 Finally, the State party notes that the right not to be tortured is protected under domestic law in Sri Lanka. Furthermore, Sri Lanka ratified the Convention and is a party to the International Covenant on Civil and Political Rights. Issues and proceedings before the Committee 5. The Committee notes that the Federal Court had dismissed the complainant’s claim on 18 June 1999, thus leaving the complainant with only three days to avail himself of article 22 of the Convention. Considerations of the admissibility 6.1 Before considering any claims contained in a communication, the Committee against Torture must decide whether the communication is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that the same matter has not been and is not being examined under another procedure of international investigation or settlement. 6.2 The Committee notes the State party’s claim that the communication is inadmissible ratione materiae (see paras. 4.2-4.3). The Committee, however, is of the opinion that the State party’s arguments raise substantive issues which should be dealt with at the merits and not the admissibility stage. The Committee, therefore, considers that the conditions laid down in article 22, paragraph 5 (b), of the Convention have been met. Since the Committee sees no further obstacles to admissibility, it declares the communication admissible. Consideration of the merits 7.1 The issue before the Committee is whether the forced return of the complainant to Sri Lanka violated the obligation of Australia under article 3 of the Convention not to expel or return a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. 7.2 The Committee must decide, pursuant to article 3, paragraph 1, of the Convention whether there were substantial grounds for believing that the alleged victim would have been in danger of being subjected to torture upon return to Sri Lanka. In reaching this decision, the Committee must take into account all relevant considerations, pursuant to article 3, paragraph 2, of the Convention, including the existence of a consistent pattern of gross, flagrant or mass violations of human rights. The aim of the determination, however, is to establish whether the individual concerned would be personally at risk of being subjected to torture in the country to which he or she would return. It follows that the existence of a consistent pattern of gross, flagrant or mass violations of human rights in a country does not as such constitute a sufficient ground for determining that a particular person would be in 6