CAT/C/58/D/608/2014
Factual background
2.1
The complainant is of Tamil ethnicity. He grew up and lived in the village of
Mankadu, Batticaloa District, Eastern Province. He claims that between October 2003 and
March 2004 he worked as an administrative assistant with the Liberation Tigers of Tamil
Eelam (LTTE) in the Batticaloa area, helping people to fill in forms to allow them to access
LTTE-controlled areas.
2.2
The complainant submits that in 2004, an LTTE commander known as Karuna split
from LTTE and formed what became known as the Karuna Group. The fight between
factions led to considerable violence in the Batticaloa area. In that context, a friend of the
complainant’s who worked with him in LTTE was kidnapped from a neighbouring village.
Since the complainant feared falling victim to the violence, on 29 April 2004 he went to
Qatar, where he stayed on a temporary work visa until 2010. The Karuna Group was also in
dispute with the Tamil Makkal Viduthalai Pulikal (TMVP) or Pillayan Group over control
of territory. The complainant submits that in September 2008, his cousin, L.L., was shot
dead in the complainant’s village. His family believes that was a reprisal carried out by
TMVP, because the cousin, who was an engineer, had fallen out with TMVP over some
commercial contracts.
2.3
On 16 April 2010, the complainant returned to Sri Lanka, since he believed that the
war had ended. He lived in the village of Thetativu, where his mother had moved while he
was abroad. He purchased a truck and began operating an agricultural transport business as
a carrier in the area of Batticaloa. He claims that TMVP was active in the area, and that
after an incident with some local people in January 2012, it became antagonistic towards
his village. On 15 March 2012, he was in Jaffna when he received a telephone call from
someone claiming to be in TMVP. He claims that the person wanted to use his truck to
prepare a TMVP conference that was to be held near Batticaloa. He refused to lend them
his truck, telling the person that he was in Jaffna on business and so could not provide the
truck the next day. The complainant submits that he was not sure that the person would pay
him and return the truck. He was called again the next day and, on that occasion, the TMVP
member threatened him, saying “we will soon see what will happen to you”. Four days
later, two unknown men allegedly from TMVP came to look for the complainant at his
family home, but his mother told them that he was at work. Subsequently, TMVP members
called the complainant and asked him to come to their office in Batticaloa. Fearing
reprisals, the complainant decided to flee Sri Lanka.
2.4
On 25 March 2012, the complainant left Sri Lanka by boat. On 11 April 2012, he
arrived at Christmas Island in Australia, without a valid visa. He was detained upon arrival
under section 189 (3) of the Migration Act as an irregular maritime arrival. He was later
transferred to Scherger Immigration Detention Centre where he was interviewed for the
purpose of initial entry processing. On 1 July 2012, the complainant applied to the
Department of Immigration and Citizenship for a protection visa. He claimed that he feared
that TMVP would kill him owing to his refusal to lend them his truck; that the authorities
were unable to protect people from TMVP; and that he would be denied protection as a
Tamil in Sri Lanka.
2.5
On 11 July 2012, the complainant attended an interview with the authorities. He
confirmed that all the details of his protection visa application were correct and pointed out,
among other details, that he had grown up in the village of Mankadu where he had lived
with his mother, brother and aunt; that his village was in an army-controlled area; that he
had rarely entered LTTE-controlled areas as a child; and that he was had never been
approached to join LTTE. He also claimed that his family consisted of his mother and his
brother, who was in Afghanistan; that he did not have family with whom he could live; and
that TMVP could still find him in Colombo where he would not have any family support.
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