CAT/C/22/D/62/1996
page 8
after he had filed the communication with the Committee. Had there not been
an expulsion order in force at that time, it would have been senseless for the
author to lodge the complaint.
Issues and proceedings before the Committee
6.1
Before considering any of the allegations in a communication, the
Committee against Torture must decide whether or not the communication is
admissible under article 22 of the Convention.
6.2
The Committee notes the State party’s assertion that on 24 May 1997,
following the rejection of the author’s first application for asylum, the
Office of Refugee and Migration Affairs informed the Alien Police authorities
that, despite the fact that the author had not been granted asylum, the Office
considered that he could not be returned to his country of origin. It also
notes that, on the basis of that statement, the Alien Police issued a
certificate allowing the author to stay in the country temporarily. The
Committee finds that the information provided by the author does not show that
the above-mentioned certificate is not valid at the present time. The
Committee further notes that the author is unaware of an expulsion procedure
being initiated against him after the final judicial decision rejecting his
second application for asylum. In the circumstances, the Committee considers
that the author is in no immediate danger of expulsion and, therefore, the
communication, as it stands, is inadmissible under article 22, paragraph 2, of
the Convention as incompatible with the provisions of article 3 of the
Convention.
7.
Accordingly, the Committee decides:
(a)
That the communication is inadmissible;
(b)
That this decision may be reviewed under rule 109 of the
Committee’s rules of procedure upon receipt of a request by or on behalf of
the author containing information to the effect that the reasons for
inadmissibility no longer apply;
(c)
That this decision shall be communicated to the State party, the
author and his representative.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
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