CAT/C/60/D/648/2015 8.3 He submits that the State party has misconstrued his statement regarding his sex. He only speculated that another possible reason for his arrest by the Criminal Investigation Department was that he was suspected of LTTE involvement, as were many young Tamil males, making his sex a contributing factor. 8.4 The complainant clarifies that he was released by the court on the condition that he report to the Criminal Investigation Department. Hence, the Department did not willingly release him. The complainant further wishes to clarify that after having had to report to the Department for more than a year following his release, the Department approached his family following his escape from Sri Lanka. He claims that this was not purely on the basis of information gleaned 10 years ago but was also due to the fact that he had escaped from government agents and fled Sri Lanka illegally. 8.5 As to the court record extract, 25 the complainant states that the second reviewer never put to him that the authenticity of the document was at issue. The fact that corroborating documents cannot be considered on their own merit and therefore cannot affect the credibility decision at a later stage shows a weakness in the Australian system of judicial review. A copy of the original photocopy of the court record extract was sent to the independent merits reviewer (which the complainant also attached) so that the translation could be verified. Owing to problems with the photocopy sent, the complainant also sent another photocopy, obtained later for the purpose of the communication, extracted from the record on 25 July 2015. 8.6 The complainant submits that he genuinely believes himself to be wanted by the Criminal Investigation Department in relation to his attempt to obtain an Australian visa, as at the time many LTTE members were fleeing the country. The financial contribution was forcibly acquired, a common occurrence well known to the Department. Therefore, his assumption that the visa application was the reason for his detention was justified. 8.7 Regarding his escape from the Karuna group camp, the complainant states that the threat is real. The documents show that it has been imputed that he has links to LTTE and his escape from the camp aggravates the risk. 8.8 While he accepts that in his entry interview he erroneously stated that his passport was genuine, he claims that this was due to the fast-paced and confusing nature of the interview. In his first independent merits review he was asked if he had travelled on his passport (i.e., not if the passport was legal). He submits, therefore, that the questioning was misleading if its purpose was to determine the legality of the passport. 26 8.9 In conclusion, the complainant claims that his past detentions, his appearance in court, his sex, his ethnicity and the fact that he illegally departed Sri Lanka demonstrate that he is and will be suspected of links to LTTE should he return to Sri Lanka and therefore that to return him would constitute a violation of his rights under article 3 of the Convention. Issues and proceedings before the Committee Consideration of admissibility 9.1 Before considering any claim contained in a communication, the Committee must decide whether it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22 (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. 25 26 The complainant restates that this is a certified translation of the court record, which is in Sinhalese. When he stated at that interview that the passport had been issued on the day he left and obtained by a friend, the complainant asserts that it is clear that he was referring to an illegal passport. He therefore claims that the first independent merits review wrongly inferred from his statements that his 2008 passport was legal and that this caused the second review to perceive an inconsistency that did not exist. 13