CAT/C/71/D/789/2016 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 1 September 2021 Original: English Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 789/2016*, ** Communication submitted by: X (represented by counsel, John Sweeney and Daniel Taylor) Alleged victim: The complainant State party: Australia Date of complaint: 21 October 2016 (initial submission) Document references: Decision taken pursuant to rule 115 of the Committee’s rules of procedure, transmitted to the State party on 6 December 2016 (not issued in document form) Date of adoption of decision: 27 July 2021 Subject matter: Deportation to Sri Lanka Procedural issues: Admissibility – ratione materiae; admissibility – manifestly ill-founded Substantive issue: Risk of torture or other cruel, inhuman or degrading treatment or punishment, if deported to country of origin (non-refoulement) Article of the Convention: Article 3 1.1 The complainant is X, a national of Sri Lanka born in 1989. His application for asylum has been rejected and he risks deportation. He claims that his removal to Sri Lanka would constitute a violation by the State party of his rights under article 3 of the Convention. The State party has made the declaration under article 22 (1) of the Convention, effective from 28 January 1993. The complainant is represented by counsel. 1.2 On 28 October 2016, the Committee, acting through its Rapporteur on new complaints and interim measures, informed the complainant that it had denied his request for the provision of interim measures consisting of the issuance of a request to the State party to refrain from removing him to Sri Lanka pending the examination of his complaint. 1.3 On 26 April 2017, pursuant to rule 115 (3) of its rules of procedure, the Committee, again acting through its Special Rapporteur on new complaints and interim measures, denied the State party’s request for the admissibility of the communication to be examined separately from the merits. * 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 İscan, Liu Huawen, Ilvija Pūce, Ana Racu, Diego RodríguezPinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Peter Vedel Kessing. GE.21-12115(E)

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