CAT/C/20/D/47/1996
page 7
6.7
The immigration officials told counsel that she could make
representations to an adjudicator prior to the author's expulsion. On the day
of the hearing, however, counsel learned that the author had been expelled
two days earlier.
6.8
In the author's opinion, his application to the Committee concerns his
past, present and future situation as long as the risk of being sent back to
Sri Lanka persists. He has therefore asked the Committee to suspend
consideration of his case pending the decision on his new application for
asylum.
Issues and proceedings before the Committee
7.1
Before considering any of the allegations in a communication, the
Committee against Torture must decide whether or not the communication is
admissible under article 22 of the Convention.
7.2
In contrast to the State party's opinion, the Committee is of the view
that the author's communication also concerns the second claim to refugee
status, for its purpose is identical to that of the first claim.
7.3
Article 22, paragraph 5 (b), of the Convention provides that the
Committee shall not consider any communication unless it has ascertained that
all available domestic remedies have been exhausted; this shall not be the
rule if it is established that the application of remedies has been or would
be unreasonably prolonged or would be unlikely to bring the alleged victim
effective relief. In the present case the author has claimed refugee status,
but the Refugee Division of the Immigration and Refugee Board has not yet
taken a decision on his case. The author has not said that this delay in the
decision is unreasonable. Other remedies will still be available when the
decision has been handed down. In these circumstances the Committee finds
that the conditions laid down in article 22, paragraph 5 (b), of the
Convention have not been met.
8.
Accordingly, the Committee against Torture decides:
(a)
That the communication as it stands is inadmissible;
(b)
That pursuant to rule 109 of its rules of procedure, this decision
may be reviewed by the Committee upon a written request containing documentary
evidence to the effect that the reasons for inadmissibility are no longer
valid;
(c)
That this decision shall be communicated to the author and to the
State party.
[Done in English, French, Russian and Spanish, the French text being the
original version.]
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