CCPR/C/122/D/2292/2013
September. The author submitted his PRRA application on 16 September 2013 and CBSA
agreed to defer his removal to allow him to await a response to it, despite the fact that under
the Immigration and Refugee Protection Act such an application does not have a suspensive
effect on an exclusion order.
6.9
With regard to procedural fairness in the review of the PRRA application, the State
party explains that an oral hearing is informal and non-adversarial. Such a hearing, the
purpose of which is to assess the applicant’s credibility, can be held if the PRRA agent
finds that the evidence provided suggests that the claimant is not credible, as was the case
here. The hearing gives the PRRA applicant the opportunity to answer the questions posed,
assisted by legal counsel if necessary.
6.10 The State party maintains that, when assessing the author’s credibility, the PRRA
agent took into account his vulnerability as an asylum seeker and his psychological state.
Upon conducting the judicial review of the agent’s decision, the Federal Court found that
the agent’s assessment of the author’s credibility was reasonable and that the agent had
clearly explained why he had not found the applicant to be credible based on the
documentary evidence provided.
6.11 Lastly, contrary to the claims of the author, the State party considers that the PRRA
agent did not focus solely on the author’s credibility when arriving at his decision. Upon its
judicial review of the PRRA decision, the Federal Court found that the decision was
entirely reasonable and noted that it had been based on an analysis of all the documentation
provided, which supported the agent’s findings.
6.12 The State party therefore submits that the author has not established that the
assessment conducted by the Canadian decision-making bodies was manifestly arbitrary or
amounted to a denial of justice. It recalls that it is not the Committee’s function to act as a
fourth jurisdiction to review the decisions taken by the competent Canadian authorities, 31
particularly in respect of determining the existence of substantial grounds for believing that
there is a real risk of irreparable harm upon expulsion. 32 Neither the author’s
communication nor his observations establish that the decisions of the Canadian authorities
were in any way flawed.
6.13 The State party also considers that the author’s allegations concerning the
homosexual relationships he maintained in Egypt, including with an individual named
Hany, are highly doubtful and are not supported by objective evidence. In particular, the
author has not submitted any objective evidence of the alleged attack or the death of his
partner, nor has he provided his partner’s photograph or death certificate. Neither has the
author provided any media reports of the attack, nor had any of his friends or family
members met Hany.
6.14 Furthermore, the oral hearing in 2013 revealed contradictions in relation to the head
injuries the author claims to have sustained, and the photographic evidence provided does
not show where the author was allegedly injured. The medical letter submitted by the
author at the time of the second review of his PRRA application 33 — and which he had not
submitted in support of his initial communication — documents the injuries that he
allegedly sustained and his scars. However, the letter does not explain the doctor’s reasons
for stating that the scars on the author’s back, shoulders and head resulted from the 2012
attack and is based entirely on the author’s account.
6.15 The State party also indicates that the alleged attack was not carried out by, or with
the complicity of, State authorities. The fact that the author renewed his Egyptian passport
two months before the alleged attack undermines any allegations of persecution of him by
the Egyptian authorities. As to the author’s claims that his sister is a well-known actor and
31
32
33
10
See Hamida v. Canada (CCPR/C/98/D/1544/2007), paras. 8.4–8.6; Solo Tarlue v. Canada
(CCPR/C/95/D/1551/2007), para. 7.4; Kaur v. Canada (CCPR/C/94/D/1455/2006), para. 7.3; and
Tadman and Prentice v. Canada (CCPR/C/93/D/1481/2006), para. 7.3.
See Choudhary v. Canada (CCPR/C/109/D/1898/2009), para. 9.2; Thuraisamy v. Canada
(CCPR/C/106/D/1912/2009), para. 7.4; A.A. v. Canada (CCPR/C/103/D/1819/2008), para. 7.8; and
Pillai et al. v. Canada (CCPR/C/101/D/1763/2008), paras. 11.2 and 11.4.
See footnote 8 above.
GE.18-09612