Unsubstantiated claims of the violation of right to family leads to the communication being declared as inadmissible

Facts

The author, a national of Morocco claims that the State party violated her rights under articles 23 and 24 of the Covenant. The author's parents separated shortly after she was born and so the author lived with her father’s family until his death. Then, she lived with her paternal aunt and did not have contact with her mother until the summer of 2013. In 2013, the author’s mother moved to Morocco to have the author’s passport issued, and submitted the visa application to enter Denmark on 18 November 2014. On 5 December 2014 an application for family reunification was submitted to the Danish Immigration Service which was rejected on grounds that no special grounds to grant a residence permit could be established under the Aliens Act, that denial of residence does not violate the respect of unity of family, no special relation between mother and daughter and finally that there was family in Morocco that could take care of the daughter. On 21 December 2015, the Immigration Appeals Board upheld the decision of the Immigration Appeal. The author requested that her case be reconsidered due to procedural irregularities and in its decision the Board held that the author failed to demonstrate new information necessitating to change the decision.

 

Admissibility

The Committee notes that the author has only exhausted administrative procedures and did not institute proceedings before a Court to challenge the Immigration Appeals Board Decision. Further, it notes the author’s claim that it could not secure legal aid to submit her complaint to the courts. In this regard, due to lack of substantiation, the communication is inadmissible on the grounds that the domestic remedies have not been exhausted.

 

Implementation

Deadline is 25th April 2022.

By Aakrishti Kumar