CAT/C/32/D/183/2001 Page 11 7.1 In comments dated 31 March 2003 the complainant reiterates that he would be at a personal and present risk of torture in India, as confirmed by the Federal Court decisions stating that he “would suffer irreparable harm” (staying order of 2 October 1998) or “endure unusual, undeserved or disproportionate hardship” (judgment of 24 November 1999), if returned to that country. 7.2 The complainant denies that Canada’s international human rights obligations are taken into account in the PRRA decision-making process, as this procedure was designed to refuse refugee status to “practically everybody”, the denial rate totaling between 97 and 98 percent of all applicants. State party’s further submissions and counsel’s comments: 8.1 On 19 February 2004, the State party informed the Committee that the complainant’s PRRA had been concluded and requested it to lift its suspension of the consideration of the case, to adopt a decision on the admissibility and merits of the complaint as expeditiously as possible or, alternatively, to withdraw its request for interim measures, in accordance with Rules 108, paragraph 7, of its rules of procedure. 8.2 The State party argues that the evidence produced by the complainant does not support a finding that, as a result of his removal, he would suffer “irreparable damage” within the meaning of Rule 108, paragraph 1, of the rules of procedure, given his low personal profile, the fact that his alleged torture occurred more than 12 years ago, and that the human rights situation in the Punjab region has significantly improved during the 11 years following his departure. The absence of a risk of torture had been confirmed in four subsequent risk assessments conducted by four different officers; mere conjecture on the part of the complainant should not restrain the implementation of a removal decision that has been lawfully taken. 8.3 The State party submits that, on 14 May 2003, the complainant filed an application for permanent residence based on humanitarian and compassionate grounds and, on 10 September 2003, he also applied for a pre-removal risk assessment. Both applications were based on the same allegations as his initial refugee claim and the subsequent applications for protection. On 29 September 2003, the PRRA officer rejected the complainant’s PRRA application, and ordered his immediate removal, determining that he would not be subject to risk of persecution, torture, risk of life or risk of cruel and unusual treatment or punishment if returned to India. Similarly, his humanitarian and compassionate application was denied on 30 September 2003, in the absence of a sufficiently substantiated risk of persecution. 8.4 The State party submits that, in the interest of finally disposing of the matter, it no longer contests the admissibility of the complaint on the basis of non-exhaustion of domestic remedies, although the complainant’s application for leave to apply for judicial review was still pending before the Federal Court. 9.1 On 2 March 2004, the complainant submitted copies of the file relating to his PRRA proceedings and, on 20 April 2004, commented on the State party’s further submissions. The evidence contained in the file includes (a) several reports on the human rights situation in Punjab, including a January 2003 Amnesty International