is that the applicant's income does not exceed a certain limit, which is normally not the case for asylum-seekers
even if they are receiving employment income in addition to the benefits granted by the State. If legal aid is
granted, the aid covers counsel's fees in whole or in part. In addition, the aid covers court fees and other costs
related to the proceedings, such as the cost of an interpreter. The State party also states that those granted free
legal aid in court proceedings must themselves pay a part of the total costs, consisting of a moderate fixed fee
amounting to approximately US$45, and an additional share of 25 per cent of the total financial cost beyond
the basic fee. However, this amount shall not be paid if the person concerned has an income below a certain
threshold.
6.3
The State party states that it is not aware of whether the author has applied for free legal aid in
connection with contemplated court proceedings, but notes that the fact that free legal aid is not unconditional
when an applicant appeals an administrative decision before the courts cannot exempt the author from the
requirement to exhaust domestic remedies.
Issues and proceedings before the Committee
7.1
Before considering any claims contained in a communication, the Committee must decide whether or
not the communication is admissible under article 22 of the Convention.
7.2
The Committee notes that the State party challenges the admissibility of the communication on the
grounds that all available and effective remedies have not been exhausted. It further notes that the legality of
an administrative act may be challenged in Norwegian courts, and asylum-seekers who find their applications
for political asylum turned down by the Directorate of Immigration and on appeal by the Ministry of Justice
have the possibility of requesting judicial review before Norwegian courts.
7.3
The Committee notes that, according to information available to it, the author has not initiated any
proceedings to seek judicial review of the decision rejecting his application for asylum. Noting also the author's
claim about the financial implications of seeking such review, the Committee recalls that legal aid for court
proceedings can be sought, but that there is no information indicating that this has been done in the case under
consideration.
7.4
However, in the light of other similar cases brought to its attention and in view of the limited hours of
free legal assistance available for asylum-seekers for administrative proceedings, the Committee recommends
the State party undertake measures to ensure that asylum-seekers are duly informed about all domestic remedies
available to them, in particular the possibility of judicial review before the courts and of being granted legal
aid for such recourse.
7.5
The Committee notes the author's claim about the likely outcome were the case to be brought before
a court. It considers, nevertheless, that the author has not presented enough substantive information to support
the contention that such remedy would be unreasonably prolonged or unlikely to bring effective relief. In the
circumstances, the Committee finds that the requirements under article 22, paragraph 5 (b), of the Convention
have not been met.
8.
The Committee therefore decides:
(a)
That the communication as it stands is inadmissible;
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