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.