Relief is available under the Convention Against Torture (CAT) if an individual fears torture at the hands of the government in his or her country, or from individuals who have the acquiescence of that government. The CAT can provide relief if the respondent is not eligible for asylum or withholding of removal under INA§241(b)(3) because of a lack of nexus to one of the five statutory grounds, or because of a bar to asylum or withholding of removal (crime, prior persecutory acts, etc.). Furthermore, the CAT does not require that the applicant show that the torture is "on account of" a specific reason.
Article 3 of the CAT prohibits the return of an individual to a country where there are substantial grounds for believing that he or she would be subject to torture. Specifically, it states that "no state shall expel, return ('refouler') or extradite a person to another state where there are substantial grounds for believing that he would be in danger of being subjected to torture."
Torture is defined as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or her or a third person information or a confession, punishing him or her for an act he or she or a third person has committed or is suspected of having committed, or intimidating or coercing him or her or a third person, or for any reason based on discrimination of any kind...."
