4.3 Under the Immigration Act, judicial review of decisions are available before the Federal Court Trial Division, and it is submitted that an applicant does only need a "fairly arguable case" or "a serious question to be determined" for leave to be granted. 4.4 The State party argues that the Committee, as well as other international tribunals, consider judicial review as an available and effective remedy. In the case M.A. v. Canada (CAT/C/14/D/22/1995), the author was granted refugee status but later declared a threat to Canadian security so that he had to be removed from Canada. The communication was declared inadmissible because the author was in the process of challenging the removal decision by way of judicial review. The European Court of Human Rights has a similar jurisprudence (2) and considers that judicial review provides a sufficiently effective remedy in asylum cases. 4.5 In the present case, the author's application to the Federal Court Trial Division for leave for judicial review of the Minister's opinion that the author constituted a danger to the public was denied on 8 September 1997. On 5 November 1998, the author applied to the Federal Court Trial Division against the decision of the Removal Officer not to defer deportation. He subsequently submitted the present communication to the Committee on 11 November 1998 before the Federal Court could examine his application. 4.6 Moreover, the author failed to perfect the application for judicial review by filing an Application Record within the prescribed period. In this regard, the State party again refers to the jurisprudence of the European Court of Human Rights according to which complainants have to respect and follow domestic procedures also with respect to time limits before bringing an international claim.(3) 4.7 The State party argues that the Federal Court could have examined the case if the application of 5 November 1998 had been perfected and leave had been granted, which could have led to a reconsideration of the case. 4.8 The author also brought an action in the Federal Court Trial Division challenging the constitutionality of the provision denying him the opportunity to claim refugee protection. He also argued that the Immigration Act and the immigration process are contrary to the Canadian Charter of Rights and Freedom because neither requires a risk assessment. The author, however, did not continue this action, which was, at the time of the submission, still pending. He could indeed have instructed his lawyer to proceed on his behalf. The State