Y.H.A. (name withheld) v. Australia, Communication No. 162/2000,
U.N. Doc. CAT/C/27/D/162/2000

(2002).

Communication No.162/2000
Submitted by : Y.H.A (name withheld) [represented by counsel]
Alleged victim: The author
State party: Australia
Date of communication: 14 April 2000
The Committee against Torture, established under Article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 23 November 2001,
Having concluded its consideration of communication No. 162/2000, submitted to
the Committee against Torture under article 22 of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the author of the
communication, his counsel and the State party,
Adopts its Views under article 22, paragraph 7, of the Convention.
1.The petitioner of the communication is Mr. Y H A, a Somali national from the
Shikal clan, currently detained in a Detention Centre in New South Wales, and
seeking refugee status in Australia. He claims that forcible return to Somalia would
constitute a violation, by Australia, of article 3 of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment. He is
represented by counsel.
1.2 On 20 April 2000, the Committee forwarded the communication to the State
party for comments and requested, under rule 108, paragraph 9, not to return the
author to Somalia while his communication was under consideration by the
Committee. The State party has acceded to this request.
Facts as submitted by the petitioner
2.1 The petitioner was born on 1 January 1967 in Mogadishu. He has a son who, at
the time of his application to the Refugee Review Tribunal ("RRT"), was living

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