CAT/C/23/D/121/1998
page 7
hours on administrative appeal. These limits are based on an evaluation of what is needed to
ensure proper assistance. It is possible to apply for an extension of such assistance.
6.2
As to the proceedings before the courts, an application for free legal aid is to be made to
the County Governor in accordance with the Legal Aid Act No. 35 of 13 June 1998. The
condition for receiving such aid is that the applicant’s income does not exceed a certain limit,
which is normally not the case for asylum-seekers even if they are receiving employment income
in addition to the benefits granted by the State. If legal aid is granted, the aid covers counsel’s
fees in whole or in part. In addition, the aid covers court fees and other costs related to the
proceedings, such as the cost of an interpreter. The State party also states that those granted free
legal aid in court proceedings must themselves pay a part of the total costs, consisting of a
moderate fixed fee amounting to approximately 45 US dollars, and an additional share
of 25 per cent of the total financial cost beyond the basic fee. However, this amount shall not be
paid if the person concerned has an income below a certain threshold.
6.3
The State party states that it is not aware of whether the author has applied for free legal
aid in connection with contemplated court proceedings, but notes that the fact that free legal aid
is not unconditional when an applicant appeals an administrative decision before the courts
cannot exempt the author from the requirement to exhaust domestic remedies.
Issues and proceedings before the Committee
7.1
Before considering any claims contained in a communication, the Committee must
decide whether or not the communication is admissible under article 22 of the Convention.
7.2
The Committee notes that the State party challenges the admissibility of the
communication on the grounds that all available and effective remedies have not been exhausted.
It further notes that the legality of an administrative act may be challenged in Norwegian courts,
and asylum-seekers who find their applications for political asylum turned down by the
Directorate of Immigration and on appeal by the Ministry of Justice have the possibility of
requesting judicial review before Norwegian courts.
7.3
The Committee notes that according to information available to it, the author has not
initiated any proceedings to seek judicial review of the decision rejecting his application for
asylum. Noting also the author’s claim about the financial implications of seeking such review,
the Committee recalls that legal aid for court proceedings can be sought, but that there is no
information indicating that this has been done in the case under consideration.
7.4
However, in the light of other similar cases brought to its attention and in view of the
limited hours of free legal assistance available for asylum-seekers for administrative
proceedings, the Committee recommends to the State party to undertake measures to ensure that
asylum-seekers are duly informed about all domestic remedies available to them, in particular
the possibility of judicial review before the courts and of being granted legal aid for such
recourse.