CAT/C/56/D/604/2014
December 2014. The application for residence on humanitarian and compassionate grounds
does not result in a stay of removal unless it is approved in principle, which may take years
of processing. He further submits that “it is absolutely unlikely that these applications will
succeed”, that the decision of the pre-removal risk assessment is imminent, as it has a very
short processing time and high rejection rate. After the dismissal of the pre-removal risk
assessment or the application on humanitarian and compassionate grounds, there is no other
effective recourse available to stay his removal to Pakistan. The complainant maintains that
the leave for a judicial review of any negative pre-removal risk assessment or refusal to
grant residence on humanitarian and compassionate grounds is almost never granted. He
maintains that he has exhausted all available effective remedies in the State party.
5.7
The complainant reiterates that he has established a strong prima facie case that he
has been a victim of torture in the past and that he faces a substantial risk of torture. He
further submits that he provided up-to-date information on the human rights situation in
Pakistan and refers to the International Religious Freedom Report for 2013 of the Bureau of
Democracy, Human Rights and Labor of the United States Department of State, which
states that sectarian violence and discrimination against religious minorities continued,33
that the Government’s respect for and protection of the right to religious freedom remained
poor, and that the Government’s limited capacity and will to investigate or prosecute the
perpetrators of attacks against religious minorities allowed a climate of impunity to
persist.34 The complainant also refers to documentation submitted previously to illustrate
the human rights situation in Pakistan. He submits that the domestic tribunals in Canada
had recognized “the type of abuse that is still taking place” and refers to a judgment of the
Federal Court, Kaur v. Canada (Minister of Citizenship and Immigration).
5.8
With regard to the internal flight alternative the State party had suggested exists for
the complainant, he submits that the position of the Office of the United Nations High
Commissioner for Refugees is that when the persecutors are agents of the State, such an
alternative does not exist. He further submits that he is at risk from Sunni terrorists who are
everywhere in Pakistan, hence the internal flight alternative is not a safe option for him. He
reiterates that the risk he is facing is personal.
5.9
The complainant submits that despite being a party to the Convention and having
made a declaration under article 22 of the Convention, the State party “has now opted to
adopt a new process to deport the individuals to countries where they are at the risk of life
or torture” He submits that the recent statistics of the State party’s immigration authorities
state that only around 33 per cent of the claims for refugee protection in Canada are
accepted.35
State party’s further observations
6.1
On 19 June 2015, the State party requests the withdrawal of the Committee’s interim
measures request and reiterates its submissions regarding the admissibility and merits of the
communication. In addition, the State party objects to the complainant’s suggestion that its
decision makers failed to take into account or arbitrarily rejected the evidence submitted in
support of his claim for protection. The Refugee Protection Division considered the
evidence submitted, including medical evidence, but granted it only limited probative value
33
34
35
See United States (Department of State), “Pakistan 2013 International Religious Freedom Report”, at
page 17, available at: www.state.gov/documents/organization/222551.pdf.
Ibid.p. 1.
The complainant refers to Committee’s 2012 concluding observations (CAT/C/CAN/CO/6) and to the
Amnesty International news release of 5 June 2012, entitled “Canada Must Move Immediately to
Implement UN Committee against Torture Recommendations”.
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