CEDAW/C/38/D/10/2005 European Court of Human Rights on the basis that it “did not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols”. Therefore, the State party contends that present communication is inadmissible in accordance with article 4, paragraph 2 (a) of the Optional Protocol. 4.4The State party further submits that the present communication is both not sufficiently substantiated and manifestly ill-founded. The communication is allegedly not sufficiently substantiated as it is based on the same facts as the asylum claim considered and rejected by the national authorities; and does not explain the legal basis on which the author could claim a breach of the Convention by the State party in the way its national authorities treated her asylum and human rights case or in the way the author (and their children) are being treated while residing in the United Kingdom on a temporary basis. The author does not make any assertion that the State party is responsible for any breaches of the author’s Convention rights that may or may not have occurred in her country of origin, which is a State party to the Convention. The author has not identified the Convention provision she is relying on in her communication or before the national authorities and European Court of Human Right and both have considered and rejected her assertion that her removal to Pakistan creates “substantial grounds for believing that there is a real risk” of a violation of her right not to be tortured or subjected to inhuman or degrading treatment of punishment. In addition, the author has produced no new facts or arguments to refute this assessment. 4.5 For the reasons set out above, the State party submits that the communication is inadmissible under article 4(1) and/or article 4(2) of the Optional Protocol. The author’s comments on the State party’s observations on admissibility 5.1 By her submission of 25 July 2006, the author reiterates the following contention : that she and her two children were victims of brutalities by her husband; that after the family court ruled in her favour for divorce, her ex-husband attempted to kill her and to snatch the children from her; that she had no adequate protection from the Pakistani authorities; and that as a consequence, she had no other option but to save herself and her children by leaving her relatives and her country to seek refuge in the United Kingdom. She claims she is now living free from fear and only wants the best future and education for her children. 5.2 The author claims that on 31 July 2004 she was refused permission from the Immigration Appeal Tribunal to appeal the decision of the Adjudicator. She also claims that she challenged the decision of the Immigration Appeal Tribunal by applying for Statutory Review but that the High Court dismissed it on 14 October 2004. Furthermore, she contends that the High Court decision indicated that the decision was final and that no appeal was possible. The author nevertheless applied on 7 December 2005 for judicial review to the Civil Appeal Office of the Royal Court but her application was rejected on 9 December 2005. The author further claims she had exhausted all remedies in relation to her application 6 07-37948