CCPR/C/123/D/2768/2016
that connection, the Committee considers that it is not precluded from examining the
communication under article 5 (2) (b) of the Optional Protocol.
10.4 The Committee notes that the author’s second application for asylum was accepted
and that on 5 December 2016 she was granted refugee status in Hungary. It also notes the
State party’s argument that the communication should therefore be declared inadmissible.
10.5 The Committee further notes the author’s argument that despite the fact that she is
no longer at risk of being deported to Serbia, she maintains her complaint under article 7,
read alone and in conjunction with article 2 (3), and article 13 of the Covenant, regarding
the alleged shortcomings and serious deficiencies that characterized the examination of her
first application for asylum, which led to an enforceable decision to return her to Serbia.
10.6 The Committee takes due note of the author’s allegations and highlights its concern
as to the way the procedure was carried out and its direct consequences for the author, both
in terms of her legal status and her personal and health conditions, from her arrival until she
was granted refugee status in Hungary. The Committee also notes the favourable decision
adopted on 5 December 2016 whereby the author was granted refugee status and was thus
no longer at risk of removal. In view thereof, the Committee considers that the issues raised
by the author concerning the alleged violations of article 7, read alone and in conjunction
with article 2 (3), and of article 13 of the Covenant, through the rejection of her asylum
application, have become moot in relation to article 1 of the Optional Protocol. Accordingly,
in view of the circumstances of the case, those particular issues need not be further
addressed in the context of the communication under review.
11.
14
The Committee therefore decides that:
(a)
The communication is inadmissible under article 1 of the Optional Protocol;
(b)
The decision shall be transmitted to the State party and to the author.