CRPD/C/18/D/28/2015 6.13 The State party notes that, in its jurisprudence, the Committee against Torture has held that the aggravation of the condition of an individual’s health by virtue of deportation is generally insufficient to amount to degrading treatment. 11 6.14 As regards the question of whether the needs of the author’s son in terms of care and support would constitute an impediment to enforcement of the expulsion order, the State party argues that a rigorous examination, in substance, of the grounds invoked was made on several occasions by the domestic authorities. In the course of the domestic proceedings, it was not possible to accurately establish a diagnosis for the author’s son. However, it follows from the most recent copy of a certificate, issued by a medical doctor in January 2015, that he “probably has autism”, but may also suffer from hyperactivity and developmental impairment, and that, as he is still so young, it is too early to establish a final diagnosis. The medical certificate also indicates that the author’s son undergoes intensive behavioural therapy that involves both his parents and his preschool staff. The State party argues that there are institutions in Nigeria that can support children with special needs owing to mental disabilities, such as autism. For instance, treatment by a child psychiatrist and child psychologist as well as centres that provide day care for autistic children are available, including in the Lagos area, where the family originates. The State party therefore submits that the grounds invoked in the case at hand do not reach the high threshold set by other international courts and committees and can therefore not be considered to be of such a nature that an expulsion of the author and his family would contravene article 15 of the Convention. 6.15 The State party also notes that the Migration Agency, in its examination, did not attach any importance to the fact that an accurate diagnosis for the author’s son had not been established, but accepted the information provided in that regard and adequately investigated the availability of psychiatric and psychological care for children in Nigeria. Author’s comments on the State party’s additional observations 7.1 On 17 June 2016, the author submitted his comments on the State party’s additional observations. The author refers to his comments of 24 and 28 July 2015. Concerning the admissibility of the communication, he argues that the State party has jurisdiction to determine if residence permits should be granted to the family and that, consequently, their claims before the Committee are admissible. 7.2 The author submits that an oral hearing concerning E.O.J.’s health was not held; the hearing referred to by the State party concerned the family’s application for asylum. The author argues that the information referred to by the State party obtained from Medical Country of Origin Information is not detailed enough to provide information as to whether adequate treatment is available for E.O.J. in Nigeria, considering his complex condition. 7.3 The author argues that the only support E.O.J. receives in the State party is behavioural therapy, and that neither he nor his wife receive any other support. The author also claims that the State party has violated E.O.J.’s right to an adequate standard of living and social protection in relation to article 28 (2) of the Convention, by not providing adequate accommodation measures. 7.4 The author notes that the State party claims that it was not possible to accurately establish a diagnosis for E.O.J. during the domestic proceedings. He submits that E.O.J. was clearly diagnosed with autism, as stated in two reports submitted by psychologists, a report from a medical doctor and a report from a welfare officer, all submitted to the Migration Agency. 11 10 See Committee against Torture, communications No. 83/1997, G.R.B. v. Sweden, Views adopted on 15 May 1998; No. 228/2003, T.M. v. Sweden, Views adopted on 18 November 2003; and No. 434/2010, Y.G.H. et al v. Australia, Views adopted on 14 November 2013.

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