CAT/C/33/D/133/1999 page 5 4.3 According to the State party, such a judicial review could genuinely improve the complainant’s situation. If a judicial review is accepted, the Federal Court sends the file back to the body which took the original decision or to another body for reconsideration with a view to reaching a fresh decision. The review could be conducted without unreasonable delay. The Federal Court also has authority to order the stay of an expulsion order pending consideration of an application for judicial review. The applicant must then demonstrate that the application concerns a serious issue to be settled by the Court, that he would suffer irreparable harm if no stay was granted, and that the balance of arguments lies in his favour. In this case the complainant did not submit an appeal, and has thus not exhausted all the effective remedies available. 4.4 The State party maintains that the procedure provided for by the Convention should not permit the complainant to escape the consequences of his own negligence and his failure to avail himself of available domestic remedies. It emphasizes that, even where a person risks inhuman or degrading treatment in the event of being sent home, he must respect the forms of and deadlines for domestic procedures before making application to international bodies. 4.5 The State party adds that such a person can also submit an application for a pre-removal risk assessment. If the application is granted, the individual may be authorized to remain in Canada. 4.6 The State party asserts that the communication does not meet the minimum requirements for compatibility with article 22 of the Convention. There are no substantial grounds for believing that someone is at risk of torture unless it is established that he or she personally will run such a risk in the State to which he or she will be returned. The Convention requires States parties to protect persons who are exposed to a foreseeable, real and personal risk of torture. The State party cites the decision in Aemi v. Switzerland 1 in which the Committee established that expulsion of the complainant would have the foreseeable consequence of exposing him to a real and personal risk of torture. The State party also refers to the Committee’s general comment on the implementation of article 3 of the Convention.2 4.7 As for the human rights situation in Mexico, the State party points out that the situation has considerably improved since the complainant left, and in this connection refers to a number of reports from 2001 (Working Group on Arbitrary Detention, Special Rapporteur on the question of torture, Special Rapporteur on extrajudicial, summary or arbitrary executions). It adds that Mexico is a party to the Convention against Torture and the International Covenant on Civil and Political Rights and its first Optional Protocol, besides the American Convention on Human Rights, the Inter-American Convention to Prevent and Punish Torture, and the Inter-American Convention on Forced Disappearance of Persons. 4.8 The State party refers to the decision by the Refugee Protection Division, which, after having heard the complainant, concluded that his testimony contained significant gaps. It remarks that the complainant was vague about his uncle’s rank in the army (which appears to have undermined his credibility), the unlikely circumstances of his uncle’s desertion, the submission of a photograph supposedly taken following an assault which shows no injury, and the implausibility of a false EZLN card being made and given to the complainant, as it has never been established that the group issues identity cards to its members. According to the State