CAT/C/66/D/749/2016 custodial sentence for corruption, as Y would perceive the complainant to be a further threat to his already embattled status and would try to “silence” him. Further submission of the State party 6. On 15 November 2018, the State party reiterated its position on admissibility and the merits of the case. It stated that the complainant’s comments did not contain any new information to alter the State party’s initial assessment. Issues and proceedings before the Committee Consideration of admissibility 7.1 Before considering any complaint submitted in a communication, the Committee must decide whether it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22 (5) (a) of the Convention, that the same matter has not been and is not being examined under another procedure of international investigation or settlement. 7.2 The Committee recalls that, in accordance with article 22 (5) (b) of the Convention, it shall not consider any communication from an individual unless it has ascertained that the individual has exhausted all available domestic remedies. This rule does not apply where it has been established that the application of those remedies has been unreasonably prolonged or is unlikely to bring effective relief. 3 7.3 The Committee takes note of the State party’s observation that the complainant has failed to exhaust the available domestic remedies because he did not appeal the decision of the Refugee Review Tribunal to the Federal Circuit Court and then, potentially, to the Federal Court and the High Court of Australia. The Committee also notes the complainant’s response that a barrister involved in his case considered that an appeal to the Federal Circuit Court would not have a reasonable prospect of success and that, in the light of section 486I of the Migration Act, he had to withdraw his appeal. Referring to its jurisprudence, the Committee notes that there is nothing in section 486I of the Migration Act to suggest that an appeal submitted in good faith will not be considered. 4 In the present case, it was the personal conclusion of the lawyer rather than the lack of effectiveness of the remedy that prevented the complainant from exhausting domestic remedies. The Committee recalls its consistent jurisprudence that mere doubt about the effectiveness of a remedy does not dispense with the obligation to exhaust it. 5 The complainant does not provide information on whether he tried to find a different lawyer to defend his case, including a Stateappointed lawyer, or whether he could have presented his appeal himself, without counsel, instead of withdrawing it. The Committee notes that the information provided by the parties does not indicate that the complainant was represented by a State-appointed lawyer, and recalls its jurisprudence that errors made by a privately retained lawyer cannot normally be attributed to the State party. 6 In these circumstances, the Committee finds that the complainant has failed to exhaust domestic remedies available to him, as required by article 22 (5) (b) of the Convention, in that there were remedies, both available and effective, which the complainant has not exhausted. 7.4 In the light of this finding, the Committee does not deem it necessary to examine any other grounds of inadmissibility. 3 4 5 6 GE.19-14946 See, for example, E.Y. v. Canada (CAT/C/43/D/307/2006/Rev.1), para. 9.2. See also the Committee’s general comment No. 4 (2017) on the implementation of article 3 of the Convention in the context of article 22, para. 34. See, for example, T.T.P. v. Australia (CAT/C/65/D/756/2016), para. 6.3. See, for example, Shodeinde v. Canada (CAT/C/63/D/621/2014), para 6.7; and S.S. and P.S. v. Canada (CAT/C/62/D/702/2015), para. 6.5. See, for example, J.S. v. Canada (CAT/C/62/D/695/2015), para. 6.5; and R.S.A.N. v. Canada (CAT/C/37/D/284/2006), para. 6.4. 5

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