CAT/C/60/D/716/2015 Advance unedited version as a letter written by his father indicating that he was informed that the CID had been making enquiries about the complainant. 2.8 On 16 May 2013, the complainant appeared before the RRT. During the hearings, the RRT highlighted the inconsistences of the complainant’s accounts and posed questions to clarify them. Notably, when asked why he would be perceived as linked to the LTTE since he had never been detained on suspicion of involvement with the LTTE, he answered that his family had been question by the authorities several times in 2007 and 2008. When informed that according to UNHCR, persons were not harmed in Sri Lanka simply because they were Tamils, he replied that during the civil war Muslims could not do anything to Tamils, but now they were trying to target Tamils. When informed that reports of torture and other serious harm against returned asylum seekers, cited in his submission, were related to returnees who were suspected of being LTTE members or supporters or of having some involvement in criminal activities, the complainant replied that he would be harmed because he left his country of origin illegally. At the end of the hearing the RRT informed the complainant that there were a number of inconsistencies over key elements of his accounts and invited him to clarify them. The complainant stated that his village was very small and that information about the situation there never came to the outside world; and that because he was mentally disturbed he had been unable to provide the correct information at first. Subsequently, he provided the RRT with a writing submission, prepared with the assistance of his counsel. 2.9 On 27 June 2013, the RRT dismissed the complainant’s appeal. The RRT stated that it was not persuaded by the complainant’s explanation about the inconsistencies in his account. In relation to his alleged mental difficulties and trauma, it noted that he had not produced any expert opinion in this regard; that he did not claim to have sought any form of counselling or treatment; and that he actively participated during the hearing and did not show emotional or mental difficulties. The RRT accepted the complainant’s allegations that his father was the president of a local Hindu temple or temples and that he might be regarded as a leader among Tamils in the village since he had been active in rebuilding a temple. However it stated that relevant country information, including the one cited by the complainant in his submissions, did not report acts of violence between the Hindu and Muslim communities. In light of the inconsistencies of the complainant’s accounts, the RRT concluded that his allegations about the harm caused on him by Muslim gangs or Muslim members of the CID were not credible. 2.10 Concerning the complainant’s allegations of being perceived with links to the LTTE, the RRT stated that although it accepted that the complainant and his father might have been subjected to some level of questioning by the authorities at various times during the civil war and in its aftermath, there was no evidence of any particular suspicion that they were involved in any way with the LTTE. It further noted that the complainant did not allege that he or his family had ever had connection with the LTTE or held political opinions against the government. In this regard, the RRT referred to information provided within the proceedings, such as the UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum Seeker from Sri Lanka of July 2010 and December 2012 and noted that this information did not indicate that a person would be perceived as associated or linked to the LTTE only due to his/her Tamil origin from the Eastern Province. 2.11 With regard to the alleged risk as a failed asylum seeker, the RRT acknowledged the information according to which some failed asylum seekers returned to Sri Lanka had been reportedly tortured and ill-treated; and that returnees were routinely interviewed at the airport on arrival by the Immigration and Emigrant Department, the State Intelligence Service and the CID. However, the cases reported in which returnees were tortured involved failed asylum seekers that had a connection or perceived link with the LTTE. It also referred to information published in 2013 by the Sydney Morning Herald regarding six 4

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