CAT/C/23/D/127/1999
page 8
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
opportunity to request 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 information 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 to the State party to 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 the opportunity 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
substantial information to support the belief 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;
(b)
That this decision may be reviewed under rule 109 of the Committee’s rules of
procedure upon receipt of a request by or on behalf of the author containing information to the
effect that the reasons for inadmissibility no longer apply;
(c)
That this decision shall be communicated to the State party and the author.
[Done in English, French, Russian and Spanish, the English being the original version.]
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