Outline of communication 1307/2004 - Concerning removal to Sri Lanka
The communication concerns a mother and son from Sri Lanka of Tamil ethnicity. The alleged victims arrived in Australia on visitor visas on 19 December 1995 accompanied by the husband/father.
Since the arrival of the family in Australia, the family has made a number of applications both jointly and individually under the Migration Act 1958, to remain in Australia. The alleged victims’ application for a protection visa was unsuccessful, as were subsequent appeals to the Federal Court and requests for Ministerial intervention.
The communication alleges that, if the mother and son are returned to Sri Lanka, they will be at risk of mistreatment contrary to article 7 of the ICCPR (no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment) and the son will be at risk of forced recruitment into the LTTE contrary to article 8 of the ICCPR (no one shall be held in slavery or servitude or required to perform forced or compulsory behaviour).