CAT/C/56/D/604/2014
his family have been continuously targeted by Sunni extremists groups and have received
numerous threats to their life.
2.2
On 5 January 2010, during a religious Shiite meeting organized at the complainant’s
house, Sunni terrorists, or Lashkar-e-Taiba, opened fire on the people gathered. The
complainant was threatened and beaten, and his cousin was killed during this attack. The
complainant alleges that he was hospitalized and treated for the following injuries: (a)
injuries to and fracture of the right elbow; (b) injuries to the right side of the face; (c)
injuries to the back side of his head; (d) a burn to the left arm and hand; and (e) other
injuries to his body. The incident was reported to the police, but no action was taken. On 12
February 2010, the Sunni terrorist organization Lashkar-e-Taiba issued a fatwa (death
decree) against the complainant’s family, as members of the Shia sect of Islam, for
blaspheming the prophet of Islam. The complainant alleges that blaspheming the prophet of
Islam is an offence punishable by death under sections 259 B and 259 C of the Penal Code.
He submits that most Sunni clerics support killings of “infidels” such as himself and
reiterates that Sunni extremists will kill him for that offence.
2.3
In May 2010, the complainant left Pakistan for England, fearing for his life. He did
not file an application to seek refugee status, because he was informed by persons in his
community that he could not seek such protection due to his status as a visitor. He remained
in England illegally and returned to Pakistan on 20 July 2012, hoping that the situation had
improved. However, on 26 July 2012, the complainant’s home was attacked again by Sunni
extremists and terrorist groups. The complainant alleges that the attack occurred as soon as
the groups became aware of his return from England. The complainant was not present
during the attack and members of his family were not injured. The incident was reported to
the police, but no prosecution or investigation took place.
2.4
Following the above incident, the complainant’s father arranged his travel back to
England, where the complainant returned on 28 July 2012, and where he remained until his
arrival in Canada, in March 2013. The complainant submits that he did not file any claim
for refugee protection during his second stay in England because he had been misguided by
persons from his community, who told him that his claim would not succeed in England,
that he would be sent back to Pakistan and that only Canada gives a “fair opportunity” to
refugee claimants.
2.5
The complainant arrived in Canada on 4 March 2013. On the same day he sought
“refugee protection” (asylum) at the international airport in Montreal. The Refugee
Protection Division rejected his application in a decision dated 21 June 2013. The
complainant appealed the aforementioned decision before the Refugee Appeal Division,
which upheld the decision on 18 October 2013. Thereafter, he applied to the Federal Court
of Canada for leave to seek judicial review of the decision issued by the Appeal Division.
His request was dismissed on 14 February 2014. The complainant submitted that no other
remedy was available to him in the State party, as application for a “pre-removal risk
assessment” may only be filed one year after the refusal of his refugee application. The
complainant claims that he has exhausted all domestic remedies in Canada after the
decision of the Refugee Appeal Division on 18 October 2013 and considers that the Appeal
Division relied on erroneous findings, without giving proper weight to the evidence before
it.
The complaint
3.1
The complainant submits that his forcible return to Pakistan by the State party would
expose him to the danger of torture as defined in article 1 of the Convention and be contrary
to article 3 of the Convention. To this end, he attaches to his complaint an affidavit signed
by his parents, in which they explain that they sometimes need to live in different places in
Pakistan to escape the Sunni groups which are still trying to locate their son. The
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