CAT/C/38/D/298/2006 page 7 4.2 With regard to the exhaustion of domestic remedies, the State party submits that, after the negative PRRA decision of 3 March 2006, the complainants ought to have applied for leave and for judicial review of the decision before the Federal Court of Canada and should also have applied to the Federal Court for a suspension of their deportation pending the outcome of the judicial review. Yet they had not done so. The State party states that the complainants did not challenge the PRRA decision, despite the numerous complaints against that decision raised in their communication. 4.3 The State party asserts that, in order to obtain leave to apply for judicial review, the complainants needed to show only that they had an “arguable case”, which required a lesser burden of proof than that required for judicial review on the merits. The State party explains the procedure for applying for judicial review. It cites the communication T.A. v. Canada,1 which demonstrates the usefulness and effectiveness of an application for stay and review before the Federal Court. In that decision, the Committee acknowledged that applications for leave and judicial review “are not mere formalities, but that the Federal Court may, in appropriate cases, look at the substance of a case”. The complainants, however, did not apply for judicial review of the PRRA decision and indicated that they considered the remedy in question unlikely to produce a satisfactory outcome. The State party also cites the Committee’s conclusions with regard to the communication M.A. v. Canada,2 in which the Committee observed that “it is not within the scope of the Committee’s competence to evaluate the prospects of success of domestic remedies, but only whether they are proper remedies for the determination of the author’s claims”. 4.4 The State party observed at the time that the application for a visa exemption and permanent resident status in Canada on humanitarian grounds submitted by the complainants on 8 June 2006 was another remedy that was not exhausted. Once a decision had been taken under that remedy, other remedies would be available, namely an application to the Federal Court for leave and for judicial review. The complainants could also request suspension of their deportation on humanitarian grounds if they were still in Canada at the time of the decision. The State party reiterates that the complaint is inadmissible because the complainants have failed to exhaust domestic remedies. 4.5 The State party maintains that C.A.R.M.’s allegations are not credible and that there is no evidence that returning the complainants to Mexico was likely to cause them irreparable harm. The State party recalls the facts alleged by the complainants in their application for asylum and also the Canadian Immigration and Refugee Board decision of 11 March 2004. It notes that their complaint is based on the same facts and virtually the same evidence as that submitted to the Canadian authorities and is thus almost identical to their application regarding a visa and permanent resident status in Canada on humanitarian grounds. 1 Communication No. 273/2005, T.A. v. Canada, Views adopted on 15 May 2006. 2 Communication No. 22/1995, M.A. v. Canada, Views adopted on 3 May 1995.