CAT/C/59/D/633/2014 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 16 January 2017 Original: English Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 633/2014*, ** Communication submitted by: Y.S. (represented by counsel, John Phillip Sweeney) Alleged victim: The complainant State party: Australia Date of complaint: 10 October 2014 (initial submission) Date of adoption of decision: 15 November 2016 Subject matter: Deportation to Sri Lanka; risk of torture Procedural issues: Admissibility — manifestly unfounded Substantive issues: Non-refoulement Articles of the Convention: 3 and 22 1.1 The complainant is Y.S., a national of Sri Lanka of Tamil ethnicity, born on 18 January 1969. He is a failed asylum seeker in Australia and at the time of submission, his deportation was imminent. He claimed that if deported to Sri Lanka, he would face a risk of detention and torture, cruel and inhuman treatment, in violation of article 3 of the Convention. The complainant is represented by counsel, John Phillip Sweeney. 1.2 On 15 October 2014, 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 28 July 2016, following requests by the State party dated 31 March 2016 and 5 April 2016, the Committee, acting through the same Rapporteur, denied the request of the State party to lift interim measures. * Adopted by the Committee at its fifty-ninth session (7 November-7 December 2016). ** The following members of the Committee took part in the consideration of the communication: Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller-Rouassant, Jens Modvig, Sapana Pradhan-Malla, Ana Racu, Sébastien Touzé and Kening Zhang. GE.17-00602(E) 

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