Admissibility considerations
6.1
Before considering any claims contained in a communication, the Committee against Torture must
decide whether or not it is admissible under article 22 of the Convention. In the case under consideration the
Committee notes that the communication is not anonymous and that the same matter has not been, and is not
being, examined under another procedure of international investigation or settlement. It also notes that the
communication is not an abuse of the right of submission of such communications or incompatible with the
provisions of the Convention.
6.2
The State party contends that the author has not exhausted domestic remedies. The Committee notes
in this respect that the author tried the following remedies:
Application for refugee status to the Immigration and Refugee Board (rejected in February 1996);
Application for leave to seek a judicial review of the rejection (rejected in June 1996);
Application before a post-claim determination officer of the Ministry of Citizenship and Immigration
(rejected on 23 September 1996);
Two applications for leave to seek a judicial review of the decision of the "rejected claims review
officer" to the Federal Court (the first one was withdrawn and the second one was rejected in January
1997 for not having been submitted on time);
Application for "ministerial dispensation on humanitarian grounds" (denied as unfounded).
6.3
The State party claims that the author should have completed his application for judicial review of the
decision of the post-claim determination officer and that he could still try to apply for judicial review of the
denial of ministerial dispensation on humanitarian grounds. The Committee considers that even if the author
claims that these remedies are illusory, he has furnished no evidence that they would be unreasonably
prolonged or unlikely to bring effective relief. The Committee therefore notes that the conditions laid down
in article 22, paragraph 5 (b), of the Convention have not been met.
7.
The Committee consequently decides:
(a)
That the communication is inadmissible;
(b)
That this decision may be reviewed under rule 109 of the Committee's rules of procedure upon
receipt of a request by or on behalf of the author containing information to the effect that the reasons for
inadmissibility no longer apply;
(c)
That this decision shall be communicated to the State party, the author and his representative.
[Done in English, French, Russian and Spanish, the English text being the original version.]
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