CAT/C/34/D/211/2002
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experienced by the population at large. To the extent that the complainant relies upon
the current country situation, there is insufficient evidence that the risk is a real and
foreseeable risk that is personal to him. Accordingly, this aspect of the
communication should be dismissed for lack of merit.
4.10 Concerning the additional claims that (i) the first RRT decision was tainted by
bias and was decided against him despite the weight of evidence in his favour, and (ii)
that the second RRT decision was unreasonable, the State party submits that this
aspect of the communication should be dismissed as inadmissible ratione materiae on
the grounds that it is incompatible with article 22, paragraph 2, of the Convention and
Rule 107, paragraph 1(d). Further, it argued that the complainant had failed to
properly exhaust domestic remedies in relation to these two issues and this aspect of
the communication should be dismissed pursuant to Rule 107, paragraph 1(f).
Alternatively, this aspect of the communication should also be dismissed as lacking
merit.
4.11 Firstly, the State party argues that the complainant has provided no argument
or evidence to explain how the alleged procedural irregularities amount to a breach of
any of the provisions of the Convention. As the Committee is not a judicial body with
power to supervise domestic courts and tribunals, it is unclear on what basis the
complainant asks the Committee to review the domestic procedural aspects of his
claim to refugee status. Accordingly, this aspect of the communication should be
dismissed as inadmissible ratione materiae, as incompatible with article 22, paragraph
2 of the Convent ion and Rule 107, paragraph 1(d).
4.12 Second, the State party contends that this aspect of the communication must be
dismissed for failure to exhaust domestic remedies. The complainant did not pursue
judicial review of the first RRT decision that he now impugns as both biased and
flawed due to a misapplication of the law. Nor did he pursue an application for special
leave to appeal to the High Court from the decision of the Full Federal Court
concerning the RRT’s second decision. He provided no explanation as to why his
application for special leave was withdrawn. Accordingly, he has failed properly to
exhaust domestic remedies in relation to these two issues.
4.13 The State party reiterates that the complainant was provided with two
opportunities to pursue his application for refugee status and enjoyed ample
opportunity to demonstrate the bona fides of his claim. He was interviewed on arrival
and submitted an application for a protection visa on 12 December 1995. On 21
December 1995 he provided a more detailed statement of facts by way of statutory
declaration. All information provided to the Department was considered during the
assessment of his first application. He was subsequently permitted to file a second
application when questions about the validity of his first application were raised. He
has thus had the benefit of his application for a protection visa being assessed by two
different immigration officials in two separate decision making processes. He
exercised his right to independent merits revie w of both adverse decisions and
attended hearings before the Refugee Review Tribunal that were fair and unbiased. He
was provided with assistance for the purpose of his application and subsequent RRT
proceedings. He also pursued judicial review of the second RRT decision. His case
was also assessed taking into account the obligation of non-refoulement under article
3 of the Convention.