5.2 The post-determination review in November 1995 was negative. This procedure has been criticised by refugees, lawyers and church groups because it never results in a positive decision. 5.3 The only unresolved issue that is addressed by the State party is whether the refusal of PDRCC should have occasioned a request for judicial review by the Federal Court and whether this recourse can still be resorted to. Counsel pointed out that judicial review of the PDRCC procedure was not sought because of the lack of financial resources of the applicants and the futility of it. The jurisprudence of the Federal Court clearly establishes that the decision of the post-determination claims officer is an entirely discretionary decision and that the Court is only concerned with the procedural issues. 5.4 Instead of a request for judicial review, an appeal on humanitarian grounds covering the same questions in law was made. The issue of the post-traumatic stress was fully presented, as was the danger of return. The torture was fully documented and the immigration officer judged the story to be credible but refused to grant asylum because of the internal flight alternative. 5.5 The refusal of the appeal on humanitarian grounds was challenged in the Federal Court and leave was denied. According to the Court's constant jurisprudence, decisions like the one under review are discretionary and, therefore, the Court does not intervene on the substance of the cases, only on whether the procedures have been fair. All legal arguments were considered and disposed of by the Federal Court. 5.6 Counsel stated that it is objectively impossible to ask the Federal Court to litigate again on exactly the same questions. The Court would clearly consider that an abuse of the process. 5.7 The Canadian authorities concluded that the authors were at risk in the Jaffna peninsula, but that Colombo could be a safe haven for them. Counsel noted, however, that the author was severely mistreated by the police in Colombo in March 1991, that he was arrested arbitrarily in March 1992 and that there is a consistent pattern of arbitrary arrests, detention, and sometimes disappearances and extra-judicial executions of Tamils in Colombo. 5.8 The conclusion of the immigration officer in the humanitarian and compassionate review procedure was that risks were involved. He based his conclusion on the report of one of the doctors who examined the author according to which the latter suffers from post-traumatic stress disorder and his symptoms have increased as he is worried about being