CAT/C/49/D/417/2010 Annex Decision of the Committee against Torture under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (forty-ninth session) concerning Communication No. 417/2010 Submitted by: Y.Z.S. (represented by counsel) Alleged victim: The complainant State party: Australia Date of complaint: 30 March 2010 (initial submission) 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 2012, Having concluded its consideration of complaint No. 417/2010, submitted to the Committee against Torture on behalf of Y.Z.S. 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 complainant, his counsel and the State party, Adopts the following: Decision under article 22, paragraph 7, of the Convention against Torture 1.1 The complainant is Y.Z.S., a national of China. He requested and was denied a Protection Visa under the Australian Migration Act 1958. At the time of the submission of the complaint he was detained in the Villawood Immigration Detention Centre in Sydney and was notified that he would be removed back to China on 1 April 2010. He claimed that his forced return to China would constitute a violation by Australia of article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The complainant is represented by counsel. 1.2 The complainant’s request for interim measures under rule 114 (former rule 108) of the Committee’s rules of procedure (CAT/C/3/Rev.5) was denied by the Rapporteur on new complaints and interim measures on 31 March 2010. Factual background 2.1 The complainant is a 54-year-old Chinese citizen who claims to be a Falun Gong practitioner, a movement which he joined in 1996. He was working in a factory in China. He claims that he also invited others to join in Falun Gong practice in his factory in Shenyang. According to the complainant, he was arrested on 20 August 1999 and detained in Zhangshi Labour Camp until 19 August 2000 for practising Falun Gong. He contends 2

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