Примеры использования Complainant has failed to substantiate на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
In the light of the above, the State party considers that the complainant has failed to substantiate his allegation in this regard.
The complainant has failed to substantiate her allegations and the complaint should be declared inadmissible as being manifestly unfounded.
The State party maintains that the complainant has failed to substantiate his claim about past abuse.
The State party argues, with reference to the Committee's general comment No. 1(1997) on the implementation of article 3 of the Convention in the context of article 22 and rule 113(b) of its rules of procedure,that it is the responsibility of the complainant to establish a prima facie case for purposes of admissibility, and that the complainant has failed to substantiate that there is a foreseeable, real and personal risk that he would be subjected to torture by Chinese authorities if returned to China.
The Committee considers that the complainant has failed to substantiate that he would be unable to lead a life free of torture in another part of India.
With regard to the complainant's allegation of fear of torture by Sri Lankan authorities,the State party considers that the complainant has failed to substantiate a foreseeable, real and personal risk.
Accordingly, the Committee finds that the complainant has failed to substantiate this part of the complaint for the purposes of admissibility, within the terms of article 22, paragraph 2, of the Convention.
It endorses the arguments of the Federal Office for Refugees and the Asylum Review Commission in the complainant's case,and concludes that the complainant has failed to substantiate a real and personal risk of being subjected to torture, in the event of his return to Sri Lanka.
The Committee finds that the complainant has failed to substantiate in what way the investigations conducted by the State party were not impartial within the meaning of article 13 of the Convention.
Secondly, the communication should be deemed inadmissible ratione materiae as the complainant has failed to substantiate that there are substantial grounds for fearing torture in the case of his return.
It states that the complainant has failed to substantiate on a prima facie basis that there are substantial grounds to believe that he personally faces a risk of torture on return to India, contrary to article 3 of the Convention.
For the abovementioned reasons, the Committee concludes that the complainant has failed to substantiate his claim that he would face a foreseeable, real and personal risk of being subjectedto torture upon his return to Iran.
It adds that the complainant has failed to substantiate on a prima facie basis that the alleged aggravation of the complainant's health on deportation would amount to cruel, inhuman or degrading treatment for purposes of article 16 of the Convention.
For the abovementioned reasons, the Committee concludes that the complainant has failed to substantiate his claim that he would face a foreseeable, real and personal risk of being subjectedto torture upon his return to Azerbaijan.
The Committee therefore finds that the complainant has failed to substantiate, for purposes of admissibility, that his risk of torture upon return to the Syrian Arab Republic was foreseeable for the State party at the time of his deportation.
For these reasons, the Committee concludes that the complainant has failed to substantiate his claim that he would face a foreseeable, real and personal risk of being subjected to torture upon his return to Iran.
For the abovementioned reasons, the Committee found that the complainant has failed to substantiate his claim that he would face a foreseeable, real and personal risk of being subjected to torture upon his return to the United States.
The State party argues that the complainant has failed to substantiate his claim that his problems with the authorities in 1989 arose as a result of the activities of his brother-in-law, and were such that he must fear treatment in violation of the Convention.
Nevertheless, in the Committee's view, the complainant has failed to substantiate her claims in relation to her political or other circumstances, in particular as regards whether they would be of such significance to attract the interest of the Ethiopian authorities at the current time, nor has she submitted any other credible evidence to demonstrate that she is at a personal risk of being tortured or otherwise subjected to ill-treatment if returned to Ethiopia.
In the absence of any evidence, the complainant had failed to substantiate that he was wanted by, or otherwise of interest to, the Syrian security service.
It concluded that the complainant had failed to substantiate, for purposes of admissibility, that such risk was foreseeable for the State party at the time of his deportation, and declared this part of the complaint inadmissible.
The State party refers to previous decisions of the Committeeb where it was found that the complainant had failed to substantiate his claim of bias because he did not raise any objections on those grounds until after his application for refugee status had been dismissed.
By note verbale of 24 February 2003, the State party submitted its observations on the merits of the complaint, arguing that the complainant had failed to substantiate a personal risk of torture in the event of his deportation to Turkey.
The complainants were surprised when they learnt the State party's"new" position on 13 September 2007, that the complainant had failed to substantiate his claim about having been subjected to abuse in the past.
For the above-mentioned reasons, the Committee concludes that the complainants have failed to substantiate their claim that they would face a foreseeable, real and personal risk of being subjectedto torture upon their return to Azerbaijan.
The State party submits that all complainants have failed to substantiate their claims under article 4(a) and(c) of the Convention, and that none of them has exhausted domestic remedies as required by article 14(2) of the Convention.
The Committee found that the complainant had failed to substantiate her claims in relation to her political or other circumstances, in particular with respect to whether they would be of such significance to attract the interest of the Ethiopian authorities, nor had she submitted any credible evidence to demonstrate that she was at a personal risk of being tortured or otherwise subjected to ill-treatment if returned to Ethiopia.
The Committee notes the State party's submission that in the present case the complainant had failed to substantiate that there is a foreseeable, real and personal risk that he would be subjected to torture by the authorities if returned to China, that his claims had been reviewed by the competent domestic authorities, in accordance with the domestic legislation, and that the latter were"not satisfied that the author was a person to whom Australia had protection obligations under the Refugee Convention.
As to the complainant's contention that the Danish authorities have failed to conduct a medical examination, the State party submits that the present case did not warrant otherwise in the light of the finding of the Appeals Board that the complainant had failed to substantiate the risk of being subjected to torture, if returned to Turkey.
For these reasons, and in light of the fact that the other complainants' case is closely linked to that of R.K.,the Committee concludes that the remaining complainants have failed to substantiate their claim that they would also face a foreseeable, real and personal risk of being subjected to torture upon their return to Azerbaijan and therefore concludes that their removal to that country would not constitute a breach of article 3 of the Convention.