CAT/C/49/D/416/2010
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. 416/2010
Submitted by:
Ke Chun Rong (represented
Veronica Mary Spasaro)
Alleged victim:
The complainant
State party:
Australia
Date of complaint:
15 March 2010 (initial submission)
by
counsel,
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 5 November 2012,
Having concluded its consideration of complaint No. 416/2010, submitted to the
Committee against Torture by Veronica Mary Spasaro on behalf of Ke Chun Rong 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 Ke Chun Rong, a national of China, born on 30 October 1962; at
the time of the submission of the communication, he was residing in Australia. The
complainant requested and was denied a Protection Visa under the Australian Migration
Act 1958 and was asked to leave the country. At the time of the submission he was detained
in the Villawood Immigration Detention Centre in Sydney and was facing deportation. He
claims 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, Veronica Mary Spasaro from the
non-governmental organization Balmain for Refugees.
1.2
Under rule 114 (former rule 108) of its rules of procedure (CAT/C/3/Rev.5), the
Committee requested the State party, on 31 March 2010, to refrain from expelling the
complainant to China while his communication is under consideration by the Committee.
2