CAT/C/32/D/183/2001 Page 6 2.12 The complainant’s request for leave to apply for judicial review was denied by the Federal Court on 2 March 2001. The complaint: 3.1 Counsel claims that the complainant would be at a risk of torture in India and, therefore, Canada would be violating article 3 of the Convention if he were to be returned to that country. Moreover, owing to the complainant’s posttraumatic stress disorder, he would be subject to severe emotional trauma upon return to India without the possibility of obtaining appropriate medical treatment, which in itself would constitute inhuman and degrading treatment, in violation of article 16 of the Convention. 3.2 Counsel also claims that the complainant has exhausted all domestic remedies. He further submits that remedies in the Canadian immigration review scheme are ineffective since immigration officers are not trained in human rights or in legal matters, in most cases fail to take into account the jurisprudence of the Immigration and Refugee Board and of the Federal Court or realistically to assess the situation in the refugee claimants’ country of origin, are frequently exposed to pressure to produce high deportation numbers and generally show mistrust towards allegations made by refugee claimants. State party’s observations on admissibility and merits: 4.1 On 8 November 2001, the State party submitted its observations on the admissibility and, subsidiarily, on the merits of the complaint. 4.2 The State party concedes that the complainant has exhausted all available domestic remedies. However, the State party submits that the complaint is inadmissible because the evidence presented by him is insufficient to establish a prima facie violation of the Convention. 4.3 With regard to article 3 of the Convention, the State party submits that, pursuant to General Comment No. 1, this provision places the burden upon the complainant to establish that he would be at risk of being tortured if returned to India. According to the State party, the complainant’s behaviour after his departure from India in 1992 is inconsistent with his alleged fear of torture, as reflected by his failure to apply for refugee status in the United States while he was living in that country, his failure to report for the examination of his first refugee claim by the Canadian authorities on 17 August 1993, as well as the renewal of his Indian passport in New York in 1993 which, in the State party’s view, constitutes further evidence that the complainant does not fear Indian authorities and that he was not and is not being sought by them5. Furthermore, the State party questions the credibility of the complainant because of the dubious authenticity of the arrest warrant against him which had been issued two years after his departure from India, was not supplied to the Canadian authorities before December 1996, was typewritten lacking an official 5 Reference is made by the State party to the Committee’s decision in E.A. v. Switzerland, Communication No. 28/1995, UN Doc. CAT/C/19/D/28/1995, 10 November 1997, para. 11.4.