CAT/C/60/D/708/2015
2.2
The author submits that during his childhood, he suffered displacements on repeated
occasions due to the war and witnessed many atrocities. He explains that he still
experiences flashbacks relating to the atrocities he witnessed. 1
2.3
In 2001 and 2002, the complainant trained and then worked with LTTE 2 for
approximately 18 months, plus a period of “punishment work” that was necessary for him
to be able to leave the organization.3 The complainant provides the Committee with a photo
of him wearing an LTTE uniform and holding one of their communication devices.
2.4
In 2003, the complainant returned home to his family and remained there until 2004
when he went to Vavuniya village, under the control of the Sri Lankan army, to work for a
mining company. In April 2004, the complainant was taken to the notorious Joseph Camp
where he was tortured for 15 days. His fingers were broken when they tortured him in an
attempt to get him to identify members of LTTE. He then managed to persuade his torturers
that he was not a member and was released.4
2.5
In 2005 and 2006, the complainant worked with a Danish company removing land
mines. Many of the people with whom he worked had also been members of LTTE. After a
number of them were arrested and taken away, the complainant left his employment as he
feared he would also be arrested and tortured again. As the civil war was still going on, he
was unable to return to his home village. The complainant explains that the Sri Lankan
army had control of the roads and were actively searching for LTTE members.
2.6
In January 2007, the complainant left Sri Lanka for seven months after paying
agents who, in turn, bribed officials.5 When he returned, he was told by his sister that his
elder brother had been arrested because he was suspected of being an LTTE member. In
September 2007, the complainant, fearing that he would also be arrested and again using
bribes, travelled to Tamil Nadu in India. In January 2010, he left on a boat for Australia.
2.7
On 7 February 2010, the complainant arrived at Christmas Island, Australia, and was
assessed as an irregular maritime arrival. On 12 March 2010, an entry interview was
conducted to assess the complainant’s eligibility as a refugee under the Convention relating
to the Status of Refugees. On 22 July 2010, he received a negative refugee status
assessment.
2.8
On 1 April 2011, the complainant received a negative recommendation from his
independent merit review. On 27 June 2011, he received a negative assessment from an
international treaties obligation assessment. On 29 September 2011, the Federal Court
dismissed the complainant’s application for judicial review. On 1 May 2012, a full Federal
Court dismissed the complainant’s application for judicial review. On 7 July 2012, the
complainant’s request for a reconsideration of protection claims under section 195A of the
Migration Act was rejected. On 6 February 2013, the complainant’s application for judicial
review was dismissed again by the Federal Court.
2.9
On 30 April 2015, the complainant received a negative assessment following a
second international treaties obligation assessment. 6 On 1 September 2015, he initiated
proceedings before the Federal Circuit Court to appeal the assessment. On 2 September
2015, the complainant was issued with a “notice of intention to remove from Australia” due
to take effect on 11 September 2015.
2.10 On 7 September 2015, an injunction was lodged on behalf of the complainant to
prevent his removal from Australia until his appeal against his international treaties
obligation assessment had been heard. On 8 September 2015, the injunction was upheld for
1
2
3
4
5
6
2
The complainant provides an assessment report from a psychologist of the Victorian Foundation for
Survivors of Torture Inc. (Foundation House), dated 17 March 2014.
The complainant submits that he has attached a statement at annex 2 outlining the extent of his
involvement with LTTE. However annex 2 contains the international treaties obligation assessment of
2015 (see para. 2.9 below).
The complainant does not provide further information.
The complainant does not provide a date.
The complainant does not provide further information, nor specify where he went.
The complainant attaches a copy of the assessment dated 30 April 2015.