7.6 On 30 December 1992, counsel for the author requested the exceptional
granting of resident status on humanitarian and compassionate grounds. The
State party emphasizes that this request was mainly based on his community
involvement in Quebec and on the unstable situation in Pakistan, and that no
materials were filed demonstrating a personal risk for the author of torture or
maltreatment, if he were to be returned to Pakistan. On 29 January 1993, the
application was refused.
7.7 On 25 February 1994, the author was convicted of assault causing bodily
harm and sentenced to one year probation and a $90 fine. Consequently, his
departure from Canada was scheduled for 17 March 1994. On 15 March 1994, the
author was arrested while attempting to enter the United States illegally and
contrary to the conditions imposed upon him after his release from detention.
On 16 March 1994, he was ordered detained for removal purposes. According to
the State party, the author threatened Immigration officers, saying that he
could not be held responsible for what might happen to escort officers who would
take him back to Pakistan. His removal was delayed and the author remained in
detention.
7.8 On 15 April 1994, counsel for the author made another humanitarian and
compassionate application. This application was refused on 10 May 1994. The
State party submits that the author could have applied to the Federal Court if
he felt that the review had been unfair, but he failed to do so. Instead,
counsel made additional humanitarian and compassionate review submissions,
without however submitting the requisite processing fee. As a result, the
application was not considered. The State party states that in the materials
submitted by counsel, no reference was made to the author having been previously
ill treated in Pakistan.
7.9 On 15 June 1994, counsel brought an application before the Refugee Division
for reconsideration of the author’s refugee claim. On 18 June 1994, the
application was denied. No attempt was made by counsel or the author to
challenge this decision.
7.10 On 4 July 1994, the author was released from detention. The State party
submits that it had been agreed that the author would get the opportunity to
arrange his voluntary departure to a country other than Pakistan. It was agreed
that he would leave Canada voluntarily by 15 July 1994, and that, failing that,
removal to Pakistan would proceed on 17 July 1994.
7.11 After having been informed that the author had submitted a communication
to the Committee against Torture, the State party arranged for a review of the
author’s case by a post-claim determination officer. It is submitted that the
post-claim determination officer evaluated the materials filed by the author’s
counsel (including the materials submitted to the Committee), the author’s
Personal Information Form, the decision of the Refugee Division as well as other
materials obtained from the Documentation Centre of the Immigration and Refugee
Board (including reports from Amnesty International, Asia Watch and newspaper
clippings on the situation of the Northern Territories in Pakistan). The
officer also relied on research done by the staff of the Documentation Centre.
On 19 September 1994, the author was informed that a negative decision had been
reached. The officer concluded that the author was one of thousands of
residents in Northern Pakistan who advocate a change in the status of Kashmir,
that the Government of Pakistan had supported secessionist groups and that
therefore no reasons existed why the Pakistani authorities would be interested
in the author. Moreover, the officer doubted the credibility of the author’s
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