CAT/C/38/D/249/2004 Page 5 (b) shows a sufficient reason for requesting an injunction, i.e. that an injunction is necessary to avoid serious damage or harm if the decision were enforced without the court having had the opportunity to adjudicate the main case. At the time of the State party’s submission, the complainant had not addressed the Norwegian tribunals. 4.2 The State party added that its immigration laws give at least the same protection against being sent to areas where one may be at risk of persecution as the provisions governing those issues in the Convention or in other international instruments. 4.3 The State party also informed the Committee that, after careful consideration, it had decided to refuse the Special Rapporteur on New Complaints’ request to refrain from expelling the complainant while his case was under consideration by the Committee. The State party explained that the UNE, who had taken the decision, had considered the communication inadmissible on two grounds: the complainant’s failure to exhaust domestic remedies, as well as the manifestly ill-founded nature of the communication. It argued that this request was based on the complainant’s statement that he had exhausted all domestic remedies, which was contested by the State party. The State party further argued that the complaint was manifestly ill-founded, for lack of credibility of the complainant, and of proves supporting his allegations. 4.4 By further submission of 29 June 2004, the State party informed the Committee that the complainant had filed his case to the courts on 21 June 2004, and that it had decided to refrain from proceeding with the expulsion of the complainant and his family to Pakistan until the court of first instance had reviewed the case. Complainant’s comments on the State party’s observations 5.1 On 14 July 2004, the complainant informed the Committee that on 17 June 2004, he and his family were arrested and brought to a detention center, awaiting expulsion the next day. However, they were informed that they would be released if they confirmed that they would bring the case to court. The complainant complied and they were released. 5.2 The complainant claimed that the State party presented his case in a selective and biased manner. He argued that he had exhausted domestic remedies as he had received a final decision from the UNE, which is a quasi-judicial Appeals Board. In this context, he submitted a diagram explaining the Norwegian court system open to asylum seekers. According to him, after exhausting the two-tiered administrative remedies, he would have to go through four more judicial stages. He argued that such remedies would be unreasonably prolonged. 5.3 He added that these remedies were not available remedies to an asylum seeker, as the remedies and the service of a lawyer included high costs, which he could not afford, and which were borne by charitable donations collected on the initiative of the Mayor of his community. He also pointed out that his right to free legal assistance was exhausted, as it only covered three hours of the services of the first attorney appointed or chosen.