CAT/C/61/D/713/2015 as a failed asylum seeker. The decision maker also concluded that the complainant did not qualify for complementary protection under section 36 (2) (aa) of the Migration Act, which reflect the State party’s non-refoulement obligations under the Convention. 4.4 The complainant subsequently applied to the Refugee Review Tribunal for a merits review on 1 November 2012. He was present at the Tribunal hearing, assisted by a registered migration agent and a Tamil-language interpreter and was able to make oral submissions himself and through his agent. The Tribunal had doubts about the credibility of the complainant’s claims and considered some of the evidence that he presented to be vague and lacking in relevant detail. The Tribunal did not accept the complainant’s claims that officers of the Criminal Investigation Department had visited his home on multiple occasions since he left Sri Lanka or that he was of any interest to the Sri Lanka Army or paramilitary groups. The Tribunal concluded that the complainant did not have an adverse profile at the time that he had left Sri Lanka nor had he been singled out for harm or otherwise threatened by paramilitary groups. The Tribunal accepted that the complainant would be charged with offences under the Immigrants and Emigrants Act (1949) and that he might be detained for a number of days before most likely being fined, as his ultimate penalty. However, based on the available country information, the Tribunal did not consider that the complainant would be detained for a prolonged period or otherwise face the risk of significant harm, including torture, upon return to Sri Lanka. On 28 June 2013, the Tribunal upheld the decision not to grant the complainant a protection visa. 4.5 On 28 July 2014, the Federal Circuit Court of Australia dismissed the complainant’s application for a judicial review of the decision of the Refugee Review Tribunal, finding that the Tribunal had considered all the complainant’s claims and taken into account all relevant considerations in making its decision. 4.6 On 28 July 2014, the complainant requested Ministerial intervention and put forward three new claims. He claimed that: if sent back to Sri Lanka, he would be found to have violated section 45(1) (b) of the Immigrants and Emigrants Act (illegal departure from Sri Lanka); on this basis, he would suffer cruel, inhuman or degrading treatment because he would be prosecuted and punished under that legislation; and the penalties that he would face could be harsher owing to his perceived connection to or support for LTTE. On 15 September 2015, the Assistant Minister for Immigration and Border Protection declined to exercise her power under section 417 of the Migration Act. 4.7 The State party provided clarification on the new evidence that the complainant submitted to the Committee, namely, a letter written by the complainant’s neighbour in Sri Lanka, who claims to have been an eye witness to the second white van abduction attempt made on the complainant; a complaint filed by the complainant with the police on 2 May 2012 about one of the attempted white van abductions; and an extract from a report of the United Nations Office of the High Commissioner for Human Rights as evidence of white van abductions in Sri Lanka. The State party submits that the first two pieces of evidence are inconsistent with each other and that the claims that they are meant to support had been considered and dismissed by the domestic authorities; and the third evidence has nothing relating specifically to the complainant’s circumstances. As such, the new pieces of evidence do not add any weight to his claims. 4.8 Regarding the statement from a Sri Lankan national who was detained and tortured after being returned from Australia, the State party observes that given the Refugee Review Tribunal’s assessment of the circumstances of the complainant’s case and the nonpersonalized nature of the information in question, this evidence does not add any weight to the complainant’s claims. The State party concludes that none of the new evidence submitted by the complainant indicates that there has been any material change to the country situation since the complainant’s claims were last assessed. Complainant’s comments on the State party’s observations 5. In his submission of 26 May 2016, the complainant claims that the State party has not assessed what would happen to him at Colombo Airport upon his arrival, taking into account his illegal departure, nor did it assess the danger he would face when he returned to his home area, despite the fact that much of his claims relate to events that took place in his 3

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