CAT/C/71/D/789/2016 4.6 The State party argues that its authorities have considered the complainant’s claims in detail and determined that his claims for protection were not substantiated and that some of the claims were exaggerated. It notes that the complainant’s claims have been assessed against the State party’s non-refoulement obligations and they have been found not to engage those obligations. It notes that the complainant’s application for a protection visa was rejected on 17 October 2013. In considering the complainant’s application, the authorities had before them the transcript of a protection visa interview conducted by an officer of the Department for Immigration and Border Protection with the complainant in the presence of a Tamil interpreter, relevant material (such as the UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum Seekers from Sri Lanka) and country information, including from the Department of Foreign Affairs and Trade of Australia, the Department of State of the United States of America and the Home Office of the United Kingdom of Great Britain and Northern Ireland. Based on that information, the authorities concluded that the complainant had never been of interest to the Sri Lankan authorities, despite his arrest in 2012, and that there was no real chance that he would be subjected to serious or significant harm when arriving at Colombo airport, while on remand at Negombo prison or afterwards. 4.7 Following the complainant’s appeal of the decision, a hearing was held on 15 January 2015 before the Refugee Review Tribunal. The complainant was able to make oral and written submissions with the assistance of a Tamil interpreter. He was represented at the hearing by his registered migration agent. The Tribunal considered all the claims made by the complainant in his submissions to the Committee. The Tribunal expressed concerns about the credibility of the complainant’s claims. In particular, it noted significant inconsistencies between his written submissions and his statutory declaration and it found that some of his claims were exaggerated or vague. The Tribunal was not satisfied that the complainant had a well-founded fear of persecution as a young Tamil male with a perceived pro-LTTE stance, nor on the basis that he grew up in an LTTE-controlled area or that he lived in such an area after the end of the war. Complainant’s comments on the State party’s observations on admissibility and the merits 5.1 On 3 September 2018, the complainant submitted his comments on the State party’s observations. He maintained that the communication was admissible. He notes that his account of events was found to be not credible owing to discrepancies in his statements but argues that his ability to recall certain specific details, such as dates and the length of periods of time, was affected by his history of torture and trauma. He argues that these inconsistencies have been afforded disproportionate weight in the assessment of credibility. 5.2 The complainant reiterates his claims that, if returned to Sri Lanka, he would be at risk of spending an extended period of time in pretrial detention for having attempted to leave the country illegally. He claims that, as a person who has previously been subjected to torture and who is imputed to be an LTTE supporter, he would risk being subjected to a real risk of torture and ill-treatment upon return. He claims that he was not given culturally appropriate means by which to raise his claims of torture. He did not know that, as a victim of sexual violence, it was within his rights to request a male lawyer and male interpreter, which would have made it easier for him to disclose the sexual violence to which he had been subjected. He should have been asked at the very start of the process, including in the assignment of government-appointed lawyers and interpreters, if he had claims that required staff or officers of a specific gender to fulfil those roles. The complainant claims that he was not given a fair opportunity to present evidence proving that he had been subjected to torture and claims that the evidence that he was able to produce was not fairly assessed but, rather, that it was dismissed on the basis of inconsistencies and errors in other parts of his account of the events. 5.3 On 11 September 2019, the complainant submitted additional information arguing that the publication of the decision of the Federal Circuit Court on his application for judicial review could expose him and lead the Sri Lankan authorities to identify him, as the decision contained the dates during which he had been held in detention in Sri Lanka. He claims that those elements would allow the Sri Lankan authorities to match the published data with their own information and thereby identify him and his claims. 4

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