4. Before considering a complaint submitted in a communication, the
Committee against Torture must decide whether or not the communication
is admissible under article 22 of the Convention.
5. Article 22, paragraph 5 (b), of the Convention precludes the Committee
from considering 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 domestic remedies has been or
would be unreasonably prolonged or would be unlikely to bring effective
relief to the victim. In the instant case, the Committee notes that in Canada
there is a risk-assessment procedure which may be invoked even following a
refusal by the Federal Court to grant asylum. It does not appear from the
communication that the author has informed the Canadian immigration
authorities of the new evidence in support of his claim that his life would be
in danger if he had to return to Ghana. The Committee considers that the
Canadian authorities should have the opportunity to examine the new
evidence submitted by the author before it can consider the communication.
6. The Committee therefore decides:
(a) That the communication, as submitted, is inadmissible;
(b) That this decision shall be communicated to the author of the
communication, to his counsel and, for information, to the State party.
[Done in English, French, Russian and Spanish, the French text being the
original version.]