CAT/C/59/D/649/2015 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 7 February 2017 Original: English Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 649/2015*, ** Communication submitted by: K.N. (represented by counsel, John Phillip Sweeney) Alleged victim: The complainant State party: Australia Date of complaint: 6 January 2015 (initial submission) Date of present decision: 23 November 2016 Subject matter: Deportation to Sri Lanka; risk of torture Procedural issue: Admissibility — manifestly ill-founded Substantive issue: Non-refoulement Articles of the Convention: 3 and 22 1.1 The complainant is K.N., a national of Sri Lanka of Tamil ethnicity born in 1988. He comes from the north-eastern part of Sri Lanka. The complainant sought asylum in Australia but his application was rejected. At the time of submitting his communication, he was in detention and his deportation was imminent. He maintains that, if deported to Sri Lanka, he would be at risk of being detained and of being subjected to torture and other cruel and inhuman treatment, in violation of article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The complainant is represented by counsel, John Phillip Sweeney. 1 1.2 On 18 March 2015, the Committee, acting through its Rapporteur on new complaints and interim measures, asked the State party not to expel the author while the complaint was being considered. On 2 May 2016, following a request by the State party * Adopted by the Committee at its fifty-ninth session (7 November-7 December 2016). ** The following members of the Committee participated in the examination of the communication: 1 Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller-Rouassant, Jens Modvig, Ana Racu, Sébastien Touzé and Kening Zhang. The complainant submitted an initial communication on 6 January 2015 and additional information and documentation on 18 March 2015. GE.17-01757(E) 

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