CCPR/C/117/D/2291/2013
allegation that one of the authors’ relatives has been granted asylum in the United Kingdom
cannot lead to a different assessment of their asylum application. No further information
about the specific circumstances of the relative’s asylum claim is available. The authors’
non-specific information about the assault of a family member and their son’s escape from
Pakistan cannot lead to a different assessment of the authors’ asylum case either.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claims contained in a communication, the Human Rights
Committee must decide, in accordance with rule 93 of its rules of procedure, whether the
claim is admissible under the Optional Protocol.
7.2
The Committee notes, as required under article 5 (2) (a) of the Optional Protocol,
that the same matter is not being examined and has not been examined under another
procedure of international investigation or settlement. The Committee also notes that it is
undisputed that the authors have exhausted all available domestic remedies, as required
under article 5 (2) (b) of the Optional Protocol.
7.3
Concerning the authors’ claim under article 14 of the Covenant that they were
unable to appeal the negative decision of the Refugee Appeals Board to a judicial body, the
Committee refers to its jurisprudence that proceedings relating to aliens’ expulsion do not
fall within the ambit of a determination of “rights and obligations in a suit at law” within
the meaning of article 14 (1) but are governed by article 13 of the Covenant. 7 Furthermore,
the latter provision offers asylum seekers some of the protection afforded under article 14
of the Covenant, but not the right of appeal to judicial courts.8 On this basis, the Committee
concludes that the authors’ claim is inadmissible ratione materiae under article 3 of the
Optional Protocol. As to the authors’ claim that their rights under article 13 were violated,
the Committee observes that the authors have not alleged that they were unable to
effectively present their case before competent Danish authorities as to why they should not
be removed,9 and that, in addition to their asylum claim, the authors filed a humanitarian
application for residence that was evaluated twice by the State party’s authorities. The
Committee therefore considers that the authors have not sufficiently substantiated their
claim under article 13 and concludes that such claim is inadmissible under article 2 of the
Optional Protocol for lack of substantiation.
7.4
As for the authors’ claim regarding the risk they would face in case of return to
Pakistan due to their adherence to the Ahmadi Muslim faith, the Committee considers that
the claim has been sufficiently substantiated for purposes of admissibility in connection
with articles 6 and 7, and that article 18 cannot be dissociated from the author’s allegations
under articles 6 and 7.10 Accordingly, the Committee declares this claim admissible and
proceeds to its examination on the merits.
7
8
9
10
See communications No. 2007/2010, J.J.M. v. Denmark, Views adopted on 26 March 2014, para. 8.5;
No. 1494/2006, A.C. and her children, S., M. and E.B. v. Netherlands, decision of inadmissibility
adopted on 22 July 2008, para 8.4; and No. 1234/2003, P.K. v. Canada, decision of inadmissibility
adopted on 20 March 2007, paras. 7.4 and 7.5.
See communication No. 2288/2013, Y v. Denmark, Views adopted on 22 July 2015, para. 6.4; and
general comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial,
paras. 17 and 62.
See general comment No. 15 on the position of aliens under the Covenant, para. 10.
See communication No. 2329/2014, Z v. Denmark, Views adopted on 15 July 2015, para. 6.4.
7