CCPR/C/125/D/2238/2013
would be unable to lead a life free of personal risk in another part of India outside Punjab;
and (c) they had not demonstrated that they suffered any incidents while living in Delhi or
provided any evidence of a concrete risk of harm to them in Delhi. The authors’ application
to the Federal Court for leave to apply for judicial review of the decision of the
Immigration and Refugee Board was dismissed. The pre-removal risk assessment officer,
on the basis of the existence of an internal flight alternative and on the lack of probative
value of the new documents submitted by the authors (see para. 6.4), found that there was
no serious reason to believe that their lives would be at risk or that they would be victims of
treatment incompatible with article 7 of the Covenant. The judicial review of the decision
of the pre-removal risk assessment officer was also denied by the Federal Court. Lastly, the
authors’ application for permanent residence in the State party on humanitarian and
compassionate grounds was rejected, given that the authors had not demonstrated that their
return to India would constitute unusual, undeserved or disproportionate hardship for them.
8.5
The Committee recalls its jurisprudence that it is generally for the organs of States
parties to the Covenant to assess facts and evidence in a case, unless it is found that such
assessment was clearly arbitrary or amounted to a denial of justice. 23 The material before
the Committee does not show that the proceedings before the authorities in the State party
suffered from any such defects. Accordingly, the Committee considers that the authors have
failed to substantiate their claims for purposes of admissibility, under articles 6 and 7 of the
Covenant, and declares this part of the communication inadmissible under article 2 of the
Optional Protocol.
8.6
The Committee further notes the authors’ claim that the 12-month ineligibility
period for submission of pre-removal risk assessment applications for claimants whose
claims have been denied deprived them of any effective remedy in violation of article 13 of
the Covenant. The Committee notes that this article lays down several conditions regarding
alien expulsion that must be complied with by the State party concerned and that the
expulsion shall be “in accordance with the law”. The Committee recalls its jurisprudence
that “the reference to ‘law’ in this context is to the domestic law of the State party
concerned, though of course the relevant provisions of domestic law must in themselves be
compatible with the provisions of the Covenant”.24 The Committee also recalls that “the
interpretation of domestic law is essentially a matter for the courts and authorities of the
State party concerned. It is not within the powers or functions of the Committee to evaluate
whether the competent authorities of the State party in question have interpreted and
applied the domestic law correctly in the case before it under the Optional Protocol, unless
it is established that they have not interpreted and applied it in good faith or that it is
evident that there has been an abuse of power.” 25 In the present communication, the
material before the Committee does not show that the proceedings before the authorities in
the State party suffered from any such defects. Accordingly, the Committee considers that
the authors have failed to substantiate their claims under article 13 of the Covenant for the
purposes of admissibility and concludes that this part of the communication is inadmissible
under article 2 of the Optional Protocol.
8.7
As to the authors’ claims under article 14 of the Covenant that they were not
afforded the rights to a hearing and to an effective remedy, the Committee recalls that the
concept of a “suit at law” under article 14 (1) of the Covenant is based on the nature of the
right in question rather than on the status of one of the parties. 26 In the present
communication, the proceedings relate to the authors’ right to receive protection in the
territory of the State party. The Committee recalls its jurisprudence 27 that proceedings
relating to an alien’s expulsion do not fall within the ambit of a determination of “rights and
23
24
25
26
27
P.T. v. Denmark (CCPR/C/113/D/2272/2013), para. 7.3; B.L. v. Australia
(CCPR/C/112/D/2053/2011); Z v. Australia (CCPR/C/111/D/2049/2011), para. 9.3; A.A. v. Canada
(CCPR/C/103/D/1819/2008); and Pillai et al. v. Canada (CCPR/C/101/D/1763/2008), para. 11.4.
Maroufidou v. Sweden (CCPR/C/12/D/58/1979), para. 9.3.
Ibid., para. 10.1.
Human Rights Committee, Y.L. v. Canada, communication No. 112/1981, paras. 9.1–9.2; Casanovas
v. France, communication No. 441/1990, para. 5.2; and Dimitrov v. Bulgaria
(CCPR/C/85/D/1030/2001), para. 8.3.
See P.K. v. Canada.
9