CAT/C/71/D/884/2018 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 23 September 2021 Original: English Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 884/2018*, ** Communication submitted by: N.S. (represented by counsel, Daniel Taylor) Alleged victim: The complainant State party: Australia Date of complaint: 10 September 2018 (initial submission) Document references: Decision taken pursuant to rules 114 and 115 of the Committee’s rules of procedure, transmitted to the State party on 10 September 2018 (not issued in document form) Date of adoption of decision: 21 July 2021 Subject matter: Risk of torture or other cruel, inhuman or degrading treatment or punishment, if deported to country of origin (non-refoulement); prevention of torture Procedural issue: Admissibility – manifestly ill-founded Substantive issue: Deportation to Sri Lanka Article of the Convention: 3 1.1 The complainant is N.S., a national of Sri Lanka born in 1989. His application for asylum in the State party has been rejected and he risks deportation. He claims that if the State party were to proceed with his deportation, it would violate his rights under article 3 the Convention. The State party has made the declaration pursuant to article 22 (1) of the Convention, effective from 28 January 1993. The complainant is represented by counsel. 1.2 On 10 September 2018, pursuant to rule 114 of its rules of procedure, the Committee, acting through its Rapporteur on new complaints and interim measures, requested the State party to refrain from expelling the complainant while the complaint was being considered. Facts as submitted by the complainant 2.1 The complainant is of Tamil ethnicity. He grew up in an area that was closely contested by the Sri Lanka Army and the Liberation Tigers of Tamil Eelam (Tamil Tigers). His brother was shot and his brother-in-law arrested by the Sri Lanka Army. After finishing school, the complainant joined the Tamil Tigers and underwent a three-month self-defence * Adopted by the Committee at its seventy-first session (12–30 July 2021). ** The following members of the Committee participated in the examination of the communication: Essadia Belmir, Claude Heller, Erdoğan İşcan, Liu Huawen, Ilvija Pūce, Diego Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Peter Vedel Kessing. GE.21-13472(E)

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