4.3 On 18 October 1996, the author applied to settle in Canada as an exception to the immigration regulations requiring the application to be made abroad. This request, for what is known as a "ministerial dispensation on humanitarian grounds", was denied as unfounded. The author could have sought judicial review of the denial of ministerial dispensation on humanitarian grounds but did not do so. This remedy is still available even though the time limit has run out, since it is possible to request an extension. 4.4 The author was summoned on 22 October 1996 to the Immigration Centre in Montreal so that arrangements could be made for his departure from Canada. However, he did not appear as requested. A warrant for his arrest was therefore issued on 4 February 1997. To date, the author has neither been arrested nor returned to his country and is at an unknown address. 4.5 The Convention provides for two exceptions to the requirement that all available domestic remedies must have been exhausted. An individual does not need to resort to remedies whose application is unreasonably prolonged or which are unlikely to bring effective relief. The remedy of judicial review of the immigration official's decision to deny the author the status of "non-recognized applicant for refugee status" is not covered by either of these exceptions. 4.6 This remedy could be applied within a reasonable period. Although the law does not provide for automatic suspension, the Federal Court is by definition competent to suspend an expulsion order while an application for judicial review is processed. In order to obtain such a suspension, the applicant must show: (i) that the application concerns an issue of substance to be resolved by the Court; (ii) that he would suffer irreparable damage if the suspension was not granted; and (iii) that the balance of disadvantages favours him. Such a request can, if necessary, be submitted and heard as a matter of urgency, sometimes within a few hours. 4.7 Moreover, this remedy would in all likelihood have given the author some relief. If the Federal Court had been satisfied that an error had been made by the administrative authorities, it could have ordered a new inquiry to be held. Any fresh consideration of the case based on the Federal Court's Guidelines would have been likely to grant the author the right to settle in Canada. In addition, an application for judicial review of the denial of ministerial dispensation might ultimately have made it possible for him to settle in the country on humanitarian grounds. 4.8 For a communication to be admissible, it must provide at least some backing for the allegations it makes about violations of the Convention by the State concerned. If this is lacking, the communication does not comply with article 22 of the Convention and is therefore inadmissible. In the present case, the author has not established substantial grounds for believing that he personally would be in danger of being subjected to torture if he returned to India. 4.9 The State party recognizes that India's human rights record has given rise to considerable concern. Nevertheless, the situation in India, and in particular in the Punjab, has significantly improved in recent years, as shown in the United States Department of State country report on human rights practices for 1997 concerning India, published on 30 January 1998. Since the new Government took office in June 1996, a number of steps have been taken to ensure greater respect for human rights in India. For example, the Government signed the Convention on 14 October 1997 and announced its intention to take steps to prevent and punish acts of torture on its territory. 4.10 In February 1997, four experts on the Punjab provided information to the Immigration and Refugee Board on various issues relating to human rights, peace and order in India. According to these experts, the central Government has for several years been trying to bring the Punjabi police, who have been responsible for many extrajudicial executions and disappearances during the fight against insurgents, to heel. While in the 162