6.5
The author does not dispute that he did not apply for a stay of his removal and did not apply for a
ministerial waiver on humanitarian and compassionate grounds. In this regard, the Committee first notes that
an application for a ministerial waiver on humanitarian and compassionate grounds is a statutory remedy.
Moreover, it notes that in case of refusal of the waiver by the minister, a judicial review is open to the author
with the possibility of applying for a stay of removal. Finally, even if the author claims that those remedies
were illusory, he has furnished no evidence that they would be unlikely to succeed. The Committee therefore
considers 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.]
4. Communication No. 121/1998
Submitted by:
S.H. (name withheld)
[represented by counsel]
Alleged victim:
The author
State party:
Norway
Date of communication:
23 October 1998
The Committee against Torture, established under article 17 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 19 November 1999
Adopts the following:
Decision on admissibility
1.1
The author of the communication is S.H., an Ethiopian citizen born in 1965 currently residing in
Norway, where he has applied for asylum. His application, however, has been rejected and he is at risk of
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