CAT/C/52/D/455/2011
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (fifty-second session)
concerning
Communication No. 455/2011
Submitted by:
X.Q.L. (represented by counsel, John Clark of
Balmain for Refugees)
Alleged victim:
The complainant
State party:
Australia
Date of complaint:
3 March 2011 (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 2 May 2014,
Having concluded its consideration of communication No. 455/2011, submitted to
the Committee against Torture by X.Q.L. 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
and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant is X.Q.L., a Chinese national, born on 8 October 1978, and
residing in Australia. She claims that her deportation 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, John
Clark of Balmain for Refugees
1.2
On 4 March 2011, in application of rule 108, paragraph 1, of its rules of procedure 1
the Committee asked the State party not to expel the complainant to China while her
complaint was being considered by the Committee. The State party later informed the
Committee that it would communicate to it any decision regarding removal of the
complainant, which may be taken before the Committee issues its decision on admissibility
and merits.
1
2
This rule now appears as rule 114, paragraph 1, of the Committee’s revised rules of procedure
(CAT/C/3/Rev.5).