CAT/C/38/D/249/2004 Page 6 5.4 The complainant noted that he was not initially informed that he could take his case to the courts, after exhausting the administrative procedures. Upon receipt of the letter of 10 May 2004, he informed the UNE that he would bring his case to court as soon as possible. 5.5 On 21 June 2004, the complainant filed his case in the Oslo City Court (Tingrett) and on 25 June, a court injunction was delivered, preventing the complainant from being expelled before his case would be heard by this court. On 7 December 2004, the Oslo City Court confirmed the UNE’s decision and rejected the application for a court injunction. 5.6 In further submissions dated 11 and 13 February, and 13 March 2005, the complainant informed the Committee that the police had been ordered to carry out the deportation of the family despite his pending appeal before the High Court. The hearing before this court was scheduled for March 2006. He argued that his appeal before the High Court could not be considered an effective remedy, as the remedy did not have suspensive effect, and as it did not prevent him from being expelled. In particular, he argued that if he returned to Pakistan, he would not be able to return to Norway, as he would either be persecuted or imprisoned. Committee’s admissibility decision 6.1 The Committee considered the admissibility of the complaint at its thirty-fifth session and declared the complaint admissible on 14 November 2005. It ascertained, as it is required to do under article 22, paragraph 5(a), of the Convention, that the same matter had not been and was not being considered under another procedure of international investigation or settlement. 6.2 The Committee noted that the State party had challenged the admissibility of the communication on the grounds that all available and effective domestic remedies had not been exhausted. It further noted that the legality of an administrative act could be challenged in Norwegian courts, and that asylum seekers whose applications for political asylum had been turned down by the UDI and, on appeal by the UNE, could seek judicial review before Norwegian courts. 6.3 The Committee noted that after being informed of the possibility to seek judicial review, the complainant initiated proceedings before the courts, and that his case was pending in the High Court at the time of consideration of the admissibility of his complaint by the Committee. 6.4 The Committee observed, however, that these proceedings did not have any suspensive effect, and that the complainant might face irreparable harm if returned to Pakistan before judicial review of his case had been completed. 6.5 In these circumstances, the Committee concluded that the appeal pending in the High Court and possible subsequent appeals did not constitute an effective remedy with regard to the expulsion of the complainant. Consequently, the Committee considered that it was not precluded by article 22, paragraph 5 (a) and (b), of the Convention, from proceeding with the examination of the communication. 6.6 The Committee considered that the complainant had sufficiently substantiated his claim for the purpose of admissibility.