CAT/C/36/D/248/2004 page 5 Issues and proceedings before the Committee 7.1 Before considering any claim contained in a communication, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22, paragraph 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. 7.2 The Committee notes that, on 30 March 2004, the complainant lodged an application for review with the Asylum Appeals Commission and that, on 8 April 2004, the Commission ordered that this application for review should be referred to the Federal Office for Refugees, which rejected the application on 3 June 2004. It likewise notes that the complainant filed an appeal against the latter decision of the Federal Office for Refugees with the Asylum Appeals Commission on 3 July 2004 but the Commission has not yet taken a decision on this appeal. The communication is consequently inadmissible under article 22, paragraph 5 (b), of the Convention, as the complainant has not exhausted all available domestic remedies. 8. Accordingly, the Committee against Torture decides: (a) (b) State party. That the communication is inadmissible; That this decision shall be communicated to the complainant and to the [Adopted in English, French, Russian and Spanish, the French text being the original version. Subsequently to be issued also in Arabic and Chinese as part of the Committee’s annual report to the General Assembly.] -----