CAT/C/20/D/47/1996 page 7 6.7 The immigration officials told counsel that she could make representations to an adjudicator prior to the author's expulsion. On the day of the hearing, however, counsel learned that the author had been expelled two days earlier. 6.8 In the author's opinion, his application to the Committee concerns his past, present and future situation as long as the risk of being sent back to Sri Lanka persists. He has therefore asked the Committee to suspend consideration of his case pending the decision on his new application for asylum. Issues and proceedings before the Committee 7.1 Before considering any of the allegations in a communication, the Committee against Torture must decide whether or not the communication is admissible under article 22 of the Convention. 7.2 In contrast to the State party's opinion, the Committee is of the view that the author's communication also concerns the second claim to refugee status, for its purpose is identical to that of the first claim. 7.3 Article 22, paragraph 5 (b), of the Convention provides that the Committee shall not consider any communication unless it has ascertained that all available domestic remedies have been exhausted; this shall not be the rule if it is established that the application of remedies has been or would be unreasonably prolonged or would be unlikely to bring the alleged victim effective relief. In the present case the author has claimed refugee status, but the Refugee Division of the Immigration and Refugee Board has not yet taken a decision on his case. The author has not said that this delay in the decision is unreasonable. Other remedies will still be available when the decision has been handed down. In these circumstances the Committee finds that the conditions laid down in article 22, paragraph 5 (b), of the Convention have not been met. 8. Accordingly, the Committee against Torture decides: (a) That the communication as it stands is inadmissible; (b) That pursuant to rule 109 of its rules of procedure, this decision may be reviewed by the Committee upon a written request containing documentary evidence to the effect that the reasons for inadmissibility are no longer valid; (c) That this decision shall be communicated to the author and to the State party. [Done in English, French, Russian and Spanish, the French text being the original version.] -----

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