CAT/C/62/D/669/2015 5.3 On 15 November 2016, the complainant filed an application for permanent residence under the family reunification provisions. On the same date, he was granted a bridging visa enabling him to remain in Australia until 28 days after a decision was made relating to his residence visa application. 5.4 On an unspecified date, the complainant contacted the Chinese consulate in Sydney and sought to renew his passport, which expired in April 2017. Consulate officials advised the complainant that they could not renew his passport because he had entered Australia illegally. The complainant notes that he has no legal status to return to China and that the Government of Australia has not yet determined whether he will be granted a permanent residence visa. The complainant therefore requests the Committee to maintain the interim measures until his application for a residence visa is determined. Additional submissions by the parties 6 On 12 January 2017, the State party submitted that, since the complainant’s application for a permanent residence visa (application for a remaining relative)8 was still pending, domestic remedies had not been exhausted. 7 On 23 July 2017, the complainant informed the Committee that his permanent residence visa application had been refused by the Department of Immigration and Border Protection, despite having been advised by an official from that Department to file such an application. Issues and proceedings before the Committee Consideration of admissibility 8.1 Before considering any complaint submitted in a communication, the Committee must decide whether it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22 (5) (a) of the Convention, that the same matter has not been, and is not being examined under another procedure of international investigation or settlement. 8.2 The Committee recalls that, in accordance with article 22 (5) (b) of the Convention, it shall not consider any communication from an individual unless it has ascertained that the individual has exhausted all available domestic remedies. This rule does not apply where it has been established that the application of those remedies has been unreasonably prolonged or is unlikely to bring effective relief. 9 The Committee takes note of the State party’s argument that domestic remedies had not been exhausted while the complainant’s application for permanent residence was under consideration. However, the Committee notes that such application was rejected on 23 July 2017. Accordingly, the Committee considers that it is not precluded by the requirements of article 22, paragraph 5 (b), of the Convention from considering the communication on the merits. 8.3 The Committee takes note of the complainant’s claim that the publication of incorrect information relating to his passport in the Federal Magistrates Court judgment has put him at risk of being considered an agent of Taiwan and, therefore, of being charged with treason, imprisoned and executed if returned to China. 8.4 The Committee recalls that, for a claim to be admissible under article 22 of the Convention and rule 113 (b) of its rules of procedure, it must rise to the basic level of substantiation required for the purposes of admissibility. 10 In the present case, the Committee notes that the judgment in question was later corrected and reissued on 13 January 2012. Furthermore, this claim was assessed twice by the Refugee Review Tribunal, which found no evidence to suggest that the judgment in question had come to the attention of the Chinese authorities and that, in any event, the complainant’s identity had not been disclosed in the judgment. In the circumstances of the present case, the Committee observes 8 9 10 6 The State party notes that this type of visa allows a person whose only close relatives are living in Australia to remain in Australia as a permanent resident. See, inter alia, E.Y. v. Canada (CAT/C/43/D/307/2006/Rev.1), para. 9.2. See, inter alia, Z. v. Denmark (CAT/C/55/D/55/2013), para. 6.3.