would be particularly vulnerable to mistreatment and, further, would not receive the medical care he needs in Sri Lanka. 3.3 The authors further explain that their daughter, Nitarsha, is physically and mentally handicapped, suffering from cerebral palsy, right hemiparesis and an active seizure disorder. She requires special care, treatment and education. She would not receive those in Sri Lanka. 3.4 The authors submit that, given these medical conditions, the deportation of the family would amount to inhuman and degrading treatment on the part of the Canadian authorities in violation of article 16 of the Convention against Torture. Observations by the State party on admissibility 4.1 By a note dated 9 June 1997 the State party contested the admissibility of the communication. It indicated that the authors did not seek judicial review of the decision of PDRCC and that this remedy might still be available if time for filing were extended by the Court. Moreover, if the authors were to succeed in an application for leave to apply for judicial review, the decision of the Federal Court Trial Division on the judicial review application could be further appealed to the Federal Court of Appeal, should the judge of the Trial Division certify that the case raises a serious question of general importance. Moreover, a decision of the Federal Court of Appeal could be appealed, with leave, to the Supreme Court of Canada. 4.2 On judicial review, the authors would be entitled to raise arguments under the Canadian Charter of Rights and Freedoms. In this regard, it is relevant to note that in the context of extradition the Supreme Court of Canada has held that section 7 of the Charter is violated by returning someone to a country in circumstances that would "shock the conscience of Canadians". Counsel's comments on admissibility 5.1 In his reply, dated 28 April 1998, counsel indicated that the authors had applied for judicial review of the decision adopted by the Immigration and Refugee Board. However, leave to be heard on this question was refused by the Federal Court. There is no possibility of appealing that decision. It is the final step in the refugee determination procedure in which there is a judicial or quasi-judicial process that looks into the substance of the matter; all subsequent judicial controls look only into the procedures.

Select target paragraph3