CAT/C/71/D/802/2017 complainant’s husband was unsure as to whether the complainant had practised Falun Gong after his departure from China. He might have stated that he was unsure simply because he had not been present in China to personally witness the complainant’s practice of Falun Gong. However, he clearly stated that in 2006, the complainant had visited her aunt and distributed leaflets on Falun Gong in China. 3.3 The Tribunal also found it implausible that the complainant had been released from detention without having been forced to sign a statement attesting to her transformation through re-education. Nor did the Tribunal believe the complainant’s assertion that she had been released from detention after one week, upon payment of a bond by her father. Those elements of doubt were based on dubious suppositions by the Tribunal and should be discounted. 3.4 Citing an article available online, 3 the Tribunal expressed surprise that the complainant had not lost her job because of her involvement in Falun Gong. However, the article cited does not lead to the conclusion that the Tribunal reached. The article states that in some cases, relatives of Falun Gong adherents who have petitioned the Government of China to stop persecuting them have been dismissed from their jobs. The complainant never claimed to have engaged in overt political action to petition the Government of China. Rather, she claimed to have distributed leaflets. Furthermore, according to the article cited by the Tribunal, police officials search and plunder the homes of Falun Gong adherents, and extort money from relatives for early release from detention, or as a fee for detention. That statement clearly supports the complainant’s claims, but the Tribunal disregarded it. 3.5 Furthermore, the Tribunal refused to hear oral testimony from three witnesses who had submitted written statements on the complainant’s behalf. The Tribunal also found implausible the complainant’s explanations regarding her delay in leaving China, despite the complainant’s statement that she had been the primary earner in the family. Moreover, by failing to redact the complainant’s name in the decision it published online, the Federal Court exposed her to an increased risk of torture and ill-treatment in China. The complainant would be identified as a Falun Gong practitioner if she were removed to China. She fears reprisals for having denounced the treatment to which Falun Gong practitioners are subjected by the Government of China. The complainant submits that the lack of care shown by the Federal Court towards her is outrageous. State party’s observations on admissibility and the merits 4.1 In its observations dated 27 July 2017, the State party considers that the complainant’s claims regarding a risk of being subjected to surveillance, harassment and detention are inadmissible ratione materiae, because the State party’s non-refoulement obligations under article 3 of the Convention are limited to circumstances in which there are substantial grounds for believing that the individual facing removal will be subjected to torture. The complainant’s claim that her privacy was breached is also inadmissible ratione materiae, because it is incompatible with the Convention. 4.2 The complainant’s claims are also inadmissible because they are manifestly illfounded. The country information that the complainant provided regarding the situation of Falun Gong practitioners in China does not relate to her personal circumstances. She does not suggest, or provide any information suggesting that she has a public profile as a Falun Gong practitioner, such that she would be of interest to the authorities in China. The national authorities did not find credible the complainant’s claim that she is a Falun Gong practitioner or that she would practise Falun Gong upon her return to China. In November 2012, the complainant was able to leave China as a valid holder of a Chinese passport that had been issued to her in Jilin on 28 July 2011. As noted by the State party’s authorities, the fact that the complainant was able to lawfully leave China with a tourist visa indicates that she was not of adverse interest to the Government of China. Country information indicates that perceived dissidents, including Falun Gong adherents, have difficulty obtaining passports and leaving China. 3 GE.21-11876 The Tribunal provided the following citation: www.faluninfo.net/topic/34/. 3

Select target paragraph3