CRPD/C/18/D/28/2015
new and full proceedings for asylum and residence permits, in which their claims would be
examined on the merits and could be appealed. The Court therefore found that there was no
longer any justification to continue the examination of the applications under article 37 (1)
of the European Convention and struck the cases off its list of cases.
10.6 The Committee notes that the author has not contested that the expulsion order of his
family has become statute-barred or that the family has the possibility of instituting new
proceedings before the migration authorities. The Committee also notes the author’s
argument that it is unlikely that the family would be granted residence permits if they were
to reapply, given the outcome of the previous domestic proceedings. In that respect, the
Committee recalls its jurisprudence, according to which, mere doubts about the
effectiveness of a remedy do not absolve a person from seeking to exhaust such a remedy. 15
The Committee recalls the jurisprudence of the Committee against Torture and of the
European Court of Human Rights referred to above and notes that there is nothing to
indicate that a new application submitted by the author and his family to the State party
authorities would not bring effective relief. The Committee also notes that, under rule 71 (2)
of its rules of procedure, a decision taken by the Committee declaring a communication
inadmissible under article 2 (d) of the Optional Protocol may be reviewed at a later date by
the Committee upon receipt of a written request submitted by or on behalf of the individual
concerned containing information indicating that the reasons for inadmissibility no longer
apply. In the light of the foregoing, the Committee concludes that the author’s claims that
deporting his family to Nigeria would constitute a violation by the State party of his son’s
rights under articles 7, 12, 15, 24, 25, 26 and 28 of the Convention are inadmissible under
article 2 (d) of the Optional Protocol.
10.7 The Committee notes the author’s claim that the State party has violated his son’s
right to an adequate standard of living and social protection under article 28 (2) of the
Convention by not providing adequate accommodation conditions while the family has
been residing in the State party. The Committee also notes that the State party submits that
the complaint should be declared inadmissible for non-exhaustion of domestic remedies.
The Committee further notes that no elements in the file enable it to conclude that the
author raised this claim during the domestic proceedings. The Committee therefore
concludes that this part of the author’s complaint is inadmissible under article 2 (d) of the
Optional Protocol.
10.8 In the light of the foregoing, the Committee does not consider it necessary to
examine the admissibility of the author’s claim that, in the course of the domestic
proceedings, the State party authorities violated his son’s rights under articles 3, 4, 5, 7, 12,
13, 24, 25, 26 and 28 of the Convention.
C.
Conclusion
11.
The Committee therefore decides:
(a)
Protocol;
That the communication is inadmissible under article 2 (d) of the Optional
(b)
That the decision may be reviewed under rule 71 (2) of its rules of procedure
upon receipt of a written request submitted by or on behalf of the victims containing
information indicating that the reasons for inadmissibility no longer apply;
(c)
That the present decision shall be communicated to the State party and to the
author.
15
See communication No. 31/2015, D.L. v. Sweden, decision adopted on 24 March 2017, para. 7.3.
13
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