CAT/C/22/D/106/1998 page 6 4.9 There were also contradictory statements regarding his movements in Sri Lanka. In his arrival interview he said that he had lived in Jaffna until going to Colombo in January 1997 to further his studies. Later, in his compliance interview with the Department of Immigration and Multicultural Affairs, the author stated that he had lived in Jaffna until March 1993, then lived in Colombo from March 1993 to February 1995, returning to Jaffna in March 1995 because of the conditions in Colombo; he returned to Colombo about a month before his departure for Singapore and Australia. When questioned about the different stories by the RRT, the author stated that on arrival he had untruthfully concealed his employment in Colombo in 1993/94 because he had been told that this might lead to his immediate deportation. The State party, like the RRT, has formed the view that the author has diverged from the truth where it has suited his purposes. 4.10 The State party underlines the importance of the RRT findings. The tribunal has experience in reviewing applications concerning Sri Lankan nationals. In the 1996/97 programme year, 930 applications for review were received by the RRT from Sri Lankan nationals. Of the 678 applications processed, 236 were set aside and 408 were affirmed. Thirty-four applications were otherwise resolved. Thus, in relation to primary decisions, the set aside rate on review was 37 per cent. 4.11 Furthermore, the State party states that its view that the author's allegation lacks substantiation is supported by the lack of detail concerning, and independent corroboration of, the ill-treatment he allegedly experienced. During the asylum procedure the author has only described once the details of his ill-treatment. Even then, he described only one of the nine instances. There is no evidence to indicate that the author suffers from post-trauma stress which might affect his ability to provide detail of prior traumatic events. 4.12 The State party also points out that there are no documents to support the allegation that the author would face risk on return. Despite his claim to have some scars as the result of the torture he suffered at the hands of the EPRLF, the author has not provided any evidence of any permanent scarring that is consistent with the alleged mistreatment at the hands of the Sri Lankan authorities. B. Observations on merits 4.13 The State party submits that should the Committee declare the communication admissible, it should be found to be without merit. 4.14 The State party recognizes that fighting between the LTTE and the Sri Lankan Government in recent years has taken a heavy toll on the civilian population and that despite an improvement in the human rights situation in recent years, mass movements of civilians and human rights infringements by both the security forces personnel and the LTTE continue to take place. However, in accordance with the Committee’s jurisprudence, specific grounds must exist indicating that the individual concerned would be personally at risk of torture upon return.

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