CCPR/C/115/D/2474/2014
shown that the domestic courts’ findings were “manifestly unreasonable”. 7 In its decision in
Z v. Australia, in which the domestic authorities deemed that an alleged religious
conversion was not credible, the Committee deferred to the judgement of the domestic
authorities, noting that the author had not identified any irregularity in the Australian
authorities’ decision-making process or any risk factor that they had failed to take into
account.8 In the light of such jurisprudence, the State party contests the author’s claim that
it is required to meet a higher threshold of proof in order to demonstrate that it has
complied with article 7 of the Covenant in a case involving alleged religious conversion of
an asylum seeker.
4.18 The State party also considers that it has not violated article 2 (3) of the Covenant.
Concerning the author’s claim that the domestic courts should have taken into consideration
facts that arose after the final administrative decision was made in the author’s case, the
State party considers that administrative remedies also qualify as effective remedies for the
purposes of article 2 (3). The Immigration Appeals Board in Norway is an independent
administrative body and is mandated with the task of considering new complaints and
assessing requests for the reversal of original decisions with regard to claims, relying on
new information. All of the Board’s decisions are based on an ex nunc assessment. A
decision made by the Board on the basis of new information may form the basis of legal
proceedings before domestic courts. Thus, the Board process clearly constituted an
effective remedy for the author. The fact that this remedy, which in itself suffices to fulfil
Norway’s obligations under article 2 (3) of the Covenant, is also subject to judicial review
serves to strengthen the State party’s submission that there has been no violation of this
provision.
4.19 With regard to the author’s argument that the Board’s letter dated 28 August 2014
constituted a violation of the State party’s obligations under article 2 (3) of the Covenant,
the State party provides a full translation of the letter, which reads in part as follows:
The Immigration Appeals Board wishes to be informed if new information has come
to light subsequent to the Board’s decision and subsequent decisions not to reverse
the original decision which may give reason for the Board to reassess its former
decisions. It should be observed that it is important for the Board to be in possession
of all available facts in relation to a possible deportation to Afghanistan. This
request should be responded to within three weeks from today.
The State party disagrees with the author’s assertion that this letter prevented him from
seeking redress before the Committee by putting him in a position where he would be
unable to exhaust domestic remedies. The State party considers that the purpose of the
Board’s letter in such cases is to “enable the individual in question to furnish new evidence
so as to ensure that the Board may assess the question of non-refoulement prior to
deportation”. If the individual does submit new evidence, the Board will have to make a
formal reassessment of the applicant’s complaint in light of that new evidence. The State
party disagrees with the author’s assertion that the Board was aware of facts substantiating
the author’s need for protection at the time it issued the letter. On the contrary, the Board
was of the view at the time the letter was issued that the author was not in need of
protection on the basis of facts to which it had access. The author has not subsequently
presented any new facts that would lead to a change in this assessment.
4.20 Finally, concerning the author’s request for compensation, the State party considers
that the Committee does not have a mandate to make statements regarding compensation.
7
8
12
The State party cites, inter alia, communication No. 2186/2012, X and X v. Denmark, Views adopted
on 22 October 2014, para. 7.3.
The State party cites communication No. 2049/2011, Z v. Australia, Views adopted 18 July 2014,
para. 9.4.