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.