CAT/C/20/D/58/1996
page 3

2.4
On 13 June 1997, the author filed a new application with the Aliens
Appeals Board, based on new circumstances in his country of origin, after the
Government had been overthrown. The expulsion order against the author was
suspended.
2.5
On 27 December 1997, the Aliens Appeals Board concluded that the
limitation period of the decision on refusal of entry in the author's case,
which had gained legal force on 3 December 1993, had expired and that the
decision had become statute-barred. The Appeals Board referred the case back
to the Immigration Board. On 27 January 1998, the author filed a new
application for a residence permit with the National Immigration Board.
According to information provided by the State party, the examination of his
request shall be carried out as if the request had been made for the first
time and the forthcoming decision by the Immigration Board would be subject to
appeal to the Aliens Appeals Board.
Issues and proceedings before the Committee
3.1
Before considering any claim in a communication, the Committee against
Torture must decide whether or not it is admissible under article 22 of the
Convention.
3.2
Article 22, paragraph 5 (b), of the Convention precludes the Committee
from considering any communication, unless it has been ascertained that all
available domestic remedies have been exhausted. In the instant case, the
original expulsion order against the author is no longer enforceable and the
author is not under immediate threat of being expelled to a country where he
would risk being subjected to torture. The author has presented a new
application for a residence permit to the Immigration Board, from which a
further appeal would be possible to the Aliens Appeals Board, if necessary.
There is nothing to indicate that this new procedure cannot bring effective
relief to the author. The Committee is therefore of the opinion that the
communication is at present inadmissible for failure to exhaust domestic
remedies.
4.

The Committee therefore decides:
(a)

that the communication 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, the
author and his representative.
[Done in English, French, Russian and Spanish, the English text being the
original version.]

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