CAT/C/34/D/211/2002 Page 8 Complainant’s comments on the State party’s submissions 5.1 By letter of 6 January 2003, counsel for the complainant was requested to make any comments on the State party’s submissions within six weeks. By letter of 30 September 2003, counsel for the complainant was requested to comment forthwith and advised that failure to do so would result in the Committee’s consideration of the case on the basis of the information before it. As at the date of the Committee’s consideration of the case, no reply had been received. Issues and proceedings before the Committee 6.1 Before considering any claims contained in a complaint, 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. 6.2 Pursuant to article 22, paragraph 5(2)(b), of the Convention, the Committee is required to ascertain whether the complainant exhausted domestic remedies in respect of his claim, an issue it determines at the time of its consideration of the communication. The Committee observes that, in respect of the RRT’s first decision which concentrated on his credibility, the complainant pursued no appeal to the Federal Court and has offered no explanation for his failure to do so. In respect of the RRT’s second decision, the Committee observes that the complainant withdrew his application to the High Court for special leave to appeal, again without offering any reasons for this course of action. In the circumstances, the Committee must conclude that the complainant failed to exhaust available domestic remedies, as required by article 22, paragraph 5(2)(b); the communication is accordingly inadmissible on this basis. 7. Accordingly the Committee concludes: (a) that the complaint is inadmissible, and (b) that this decision shall be transmitted to the State party and to the complainant. ----[Adopted in English, French, Russian and Spanish, the English 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.]