CAT/C/42/D/324/2007 Page 4 2.8 On 9 November 2005, the complainant requested the Minister of Immigration and Citizenship to exercise his discretion to substitute a more favourable decision under section 501J of the Migration Act. On 31 July 2006, the Minister declined to intervene. 2.9 The complainant also received a letter from a German Public Prosecutor’s Office, attesting that he had collaborated with the authorities by bringing to their attention details on the organized crime what contributed to the prosecution of a number of criminals, and for that he might be the victim of retaliation. 2.10 The complainant also applied to UNHCR, requesting a letter of support. UNHCR allegedly replied that it sent such a letter to the Department on 15 February 2007, but the complainant claims that he is unaware of its content. 2.11 The complainant also managed to obtain a copy of the “International obligations and humanitarian concerns assessment” made in his case by the Department on 13 February 2006. On the basis of that assessment, a second request was sent to the Minister to exercise his discretion under section 501J of the Migration on 2 May 2007. The Minister rejected the request 13 June 2007. The complainant thus exhausted all available domestic remedies. The complaint 3. The complainant claims that in the event of his forced removal to Lebanon, there are substantial grounds for believing that he would face torture there, in breach of his rights under article 3 of the Convention. He points out that a number of governmental and non-governmental reports argue that torture is common in Lebanon and that certain groups are more vulnerable to abuses than others. He contends that as a former Phalangist and Christian who attracted the attention of the authorities, he is at high risk of being subjected to torture in Lebanon. He claims that he could also be tortured by Palestinian groups there due to his past activities. State party’s observations on admissibility and merits 4.1 On 29 May 2008, the State party contended that the complainant’s allegations are inadmissible as manifestly unfounded. The allegations concerning torture by Palestinian groups are incompatible with the Convention’s provisions. If the Committee found the case admissible, the complainant’s allegations are to be considered without merit, as they have not been supported by evidence and the communication does not take into account recent developments in Lebanon. 4.2 After providing a Chronology of the events in the complainant’s case until his arrival in Australia, in March 2002, the State party recalls that on 11 April 2002, he sought assistance at a Perth police station and was taken into immigration detention. On 7 October 2002, he lodged a Protection visa application, which was rejected on 20 August 2003 by the Department of Immigration and Citizenship (DIAC) on the basis that there were serious reasons for considering that he had committed war crimes or crimes against humanity and a serious non-political crime outside Australia, and he was thus excluded, under article 1F (a) and (b), from protection under the Refugee Convention. On 15 September 2003, he appealed against this decision to the Administrative Appeals Tribunal (AAT).

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