CAT/C/20/D/47/1996
page 6
5.16 The author can also repeat his request under paragraph 114 (2) of the
Immigration Act to be exempted, on humanitarian grounds, from the provisions
of the Act and to be allowed to file an application for permanent residence in
Canada.
5.17 Should the decision on the claim to refugee status be negative, a
request could be made for leave to apply to the Federal Court for judicial
review. The same is true of the decision concerning the “asylum seekers
without recognized refugee status” category and the decision concerning
exemption from the provisions of the Act on humanitarian grounds.
Comments by the author
6.1
In a letter dated 15 May 1997, the author states that he has been a
victim of torture, as confirmed in the report of a Canadian doctor belonging
to RIVO (Réseau d'intervention auprès des personnes ayant subi la violence
organisée (Intervention network for victims of organized violence)), which has
been submitted to the Committee.
6.2
A treaty between Canada and the United States for monitoring asylum
seekers and immigrants, which will probably be signed this year, will end the
possibility of being sent back to the United States after being refused asylum
in Canada. Persons claiming asylum in Canada whose applications have been
rejected will no longer be entitled to travel to the United States to file
their claims and vice versa. The two countries will exchange information and
block access to their territory by claimants who have been rejected by the
other partner to this agreement.
6.3
The second claim has virtually no chance of succeeding, as the usual
practice is for the Immigration Board's decision to be based almost entirely
on the first negative decision and the stenographic notes of the first
testimony.
6.4
Regarding the State party's assertion that the claimant has a remedy
available for the risk of return before he is expelled a second time, it
should be noted that only 3 per cent of the applications filed under this
procedure are currently being accepted.
6.5
Concerning exhaustion of domestic remedies, the author appealed the
rejection of his claim by filing an application for review with Federal Court;
the application was rejected. The so-called “risk of return” procedure was
then begun. The application was, however, rejected, on the ground that the
author could take refuge in Colombo. That was a senseless argument, since
Colombo had been the target of terrorist attacks for over a year.
6.6
At that point ordinary remedies had been concluded. The author again
applied to the Ministry of Immigration for a residence permit on humanitarian
grounds, which is a special and costly remedy. He received a negative
decision within 24 hours, which casts some doubt on the fairness of the
procedure.