Court. The criteria that are applied by the Federal Court in granting such interim orders are: (a) the seriousness of the issue raised by the author; (b) the irreparable harm suffered by the author in case of removal; and (c) when the balance of convenience favours the order. Counsel's comments 5.1 The author maintains that he has exhausted all available domestic remedies before submitting his communication. He alleges that it is illusory to believe that the ministerial review for humanitarian reasons, based solely on the risk of return, would be treated differently that the post-determination review. 5.2 It is submitted that requests for a ministerial waiver on humanitarian and compassionate grounds and post-determination review are handled by the same persons or persons at the same level in the same department. As a result, without new evidence, it is obvious that the decision will be the same. 5.3 At the Federal Court level, the same argument applies: leave having been denied for judicial review of the post-determination refusal, it could not be granted on exactly the same facts and the same points of law at a later stage. 5.4 The author underlines the illusory nature of the humanitarian and compassionate review when the Federal Court has already dealt with the issues of substance. As a consequence, and given the constant jurisprudence of the Federal Court of Canada, there is no recourse left with any real chance of success and the case clearly falls within the exception of article 22, paragraph 5 (b), of the Convention. Issues and proceedings before the Committee 6.1 The Committee wishes to emphasize that although it had requested the State party, under rule 108 (9) of its rules of procedure, not to remove the author while his communication was pending before it, the State party was informed too late co comply with the request. The removal took place almost a month before the transmission of the communication. 6.2 Before considering any claims contained in a communication, the Committee must decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that the same matter has not been and is not being examined under another procedure of international investigation or settlement. It also notes that the communication is not an abuse of the right of submission of such communications or incompatible with the provisions of the Convention. 6.3 As regards the exhaustion of domestic remedies, the Committee has taken note of the observations by the State party and by the author's counsel. Pursuant to article 22, paragraph 5 (b), of the Convention, the Committee is precluded from considering any communication unless it has been ascertained that all available domestic remedies have been exhausted; this rule does not however apply if it is established that the application of domestic remedies has been or would be unreasonably prolonged or would be unlikely to bring effective relief to the presumed victim. 6.4 In the present case, the State party argues that the author did not apply for a stay of his removal before the Federal Court and failed to apply for a ministerial exemption on humanitarian and compassionate grounds. 177