CCPR/C/127/D/2276/2013
be an LTTE supporter. As concerns the rest of the claims, the author refers to his initial
submission of 20 July 2013.
From the State party
6.4
On 16 November 2018, the State party submitted further observations on the
communication. It noted that on 29 January 2018, the Federal Court had dismissed the
author’s application for judicial review of the negative pre-removal risk assessment
decision of 31 May 2017. It noted that in his application for judicial review, the author had
argued that the pre-removal risk assessment officer had failed to assess his specific personal
circumstances and profile in light of the most recent country evidence. The Court
determined that the pre-removal risk assessment officer had examined the evidence
submitted by the author, consulted the most recent documentary evidence available and
come to the conclusion that the author did not have a profile that would indicate that he
would be at risk upon return to Sri Lanka.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claims contained in a communication, the Committee must
decide, in accordance with rule 97 of its rules of procedure, whether the communication is
admissible under the Optional Protocol.
7.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
7.3
The Committee notes that the State party has submitted that the communication
should be declared inadmissible for failure to exhaust domestic remedies as the author
made an application for a pre-removal risk assessment and applied for permanent residence
on the basis of humanitarian and compassionate grounds after having submitted his
communication before the Committee. However, the Committee also notes that the State
party has acknowledged that these procedures were not available to the author at the time
he submitted his communication before the Committee, at which point he was facing
imminent removal to Sri Lanka. Additionally, the Committee notes that after the author
became eligible to file a pre-removal risk assessment application, he made such an
application, and also filed a subsequent request for review of the negative determination of
this application. Accordingly, the Committee considers that it is not precluded from
examining the communication under article 5 (2) (b) of the Optional Protocol.
7.4
The Committee notes that the author has claimed that his removal to Sri Lanka
would amount to a violation of his rights under articles 23 (1) and 24 (1) of the Covenant.
The Committee notes that the author has not provided any information or substantiation as
to why he considers that his rights under these provisions would be violated if he were to be
removed to Sri Lanka. Accordingly, it declares this part of the communication inadmissible
under article 2 of the Optional Protocol.
7.5
The Committee takes note of the author’s allegations under article 9 (1) of the
Covenant that he would be at risk of arbitrary detention upon return to Sri Lanka. The
Committee also takes note of the State party’s argument that its non-refoulement obligation
does not extend to an obligation to refrain from removing individuals who face a risk of
arbitrary detention in the receiving State. The Committee considers that the author has
failed to substantiate, for the purpose of admissibility, how this claim would raise a separate
issue from his claims under articles 6 (1) and 7 of the Covenant. 6 Accordingly, the
Committee considers that he has failed to substantiate this claim for the purposes of
admissibility and therefore considers this part of the communication inadmissible under
article 2 of the Optional Protocol.
6
8
Y. v. Canada (CCPR/C/114/D/2280/2013), para. 6.5; X. v. Canada (CCPR/C/115/D/2366/2014), para.
8.5; and Y. v. Canada (CCPR/C/116/D/2314/2013), para. 6.5.