CAT/C/38/D/298/2006 page 12 They conclude that they have exhausted domestic remedies and that there is not enough evidence to prove that their complaint is not minimally founded, and they reiterate that they have demonstrated that they would suffer irreparable harm if they were returned to Mexico. Issues and proceedings before the Committee 8.1 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. The Committee has ascertained, as it is required to do under paragraph 5 (a) of that article, that the same matter has not been and is not being examined under another procedure of international investigation or settlement. 8.2 In accordance with article 22, paragraph 5 (b), of the Convention, the Committee does not consider any communication unless it has ascertained that the individual has exhausted all available domestic remedies; this rule does not apply where it has been established that the application of the remedies has been unreasonably prolonged, or that it is unlikely, after a fair trial, to bring effective relief to the alleged victim. 8.3 The Committee notes that the State party contests the admissibility of the complaint because domestic remedies have not been exhausted, given that the complainants did not submit an application to the Federal Court of Canada for leave and for judicial review of the decision of 3 March 2006 rejecting their PRRA application and that proceedings relating to their application for permanent resident status on humanitarian grounds have not yet been concluded. The State party observes that the complainants did not contest the decision rejecting their PRRA application despite the many allegations they made against it in their complaint to the Committee. The Committee also takes note of the complainants’ allegations that the PRRA and judicial review by the Federal Court were not adequate or effective remedies, and of the information submitted on the numerous remedies that they did try. 8.4 With regard to the exhaustion of domestic remedies, the Committee notes that the complainants filed a request for asylum and that, following the rejection of that request, they filed an application for judicial review before the Federal Court. They also filed a PRRA application and an application for permanent resident status on humanitarian grounds, and filed for judicial review with the Federal Court following the negative decision in the latter procedure which, according to the most recent information received from their lawyer, is ongoing. In addition, on two occasions they applied for suspension of their deportation. The Committee also takes note of the fact that the complainants did not request permission to submit an application for judicial review of the negative decision concerning the PRRA application. However, the Committee notes that the complainants submitted their request for asylum on 12 November 2002 and that, more than four years later, their fate has still not been decided. In the circumstances, the Committee considers that the proceedings as a whole have not been concluded within a reasonable time and, consequently, that the communication is admissible under article 22, paragraph 5 (b), of the Convention. 8.5 The Committee must decide whether the complainants’ return to Mexico would violate the obligation of the State party, under article 3 of the Convention against Torture, not to expel or return (refouler) a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture.