CCPR/C/113/D/2091/2011 2.5 On 26 February 2008, the author filed an application for a pre-removal risk assessment, in which he submitted that he would face serious risks to his life and welfare should he be returned to Jamaica. He stressed, in particular, the absence of a family network; the inadequacy of mental health care in Jamaica; his need for ongoing support and assistance, failure of which would result in further deterioration of his mental condition, which in turn would lead to ostracism and marginalization; and the associated high risk of being physically attacked, as well as the increased likelihood of violent physical encounters with the Jamaican police. The author’s application for a pre-removal risk assessment was rejected on 30 April 2008, as it was determined that the author was neither a refugee nor a person in need of protection. As a result, the removal order against him became enforceable. 2.6 On 28 November 2008, the author filed an application to remain in Canada on humanitarian and compassionate grounds. The application was rejected on 22 April 2010 after the nature and severity of the author’s crimes were balanced against his prospects for rehabilitation, as well as relevant humanitarian and compassionate factors. The officer dealing with the case determined, in particular, that the disruption to the author’s family in Canada would be minimal should he be deported; that he might revert to engaging in dangerous behaviour; that appropriate treatment was available in Jamaica; and that arrangements had been made by the Government of Canada for his reception in Jamaica, including the provision of medication for three months and placement in a community group home for 30 days. 2.7 A psychiatric evaluation dated 28 September 2009 confirmed that the author’s criminality stemmed from his mental illness, which requires close monitoring, as does his medication. His most recent psychiatric assessment had been in October 2010, while the author was not on medication. He had stopped his treatment out of frustration, after his application on humanitarian and compassionate grounds had been rejected in April 2010. The author had been found to suffer from “acute psychotic symptoms flowing from unmedicated schizophrenia”. It was also highlighted that the author had responded well to medication in the past, and was likely to do so again should he be treated for his chronic schizophrenia. 2.8 On 18 July 2011, the Federal Court dismissed the author’s application for judicial review of the decision to reject his application on humanitarian and compassionate grounds, which was considered to be reasonable. As a result of this negative decision, the author’s removal from Canada was scheduled for 29 August 2011. On 23 August 2011, the author made a request before the Canada Border Services Agency that his removal be deferred, on the basis of a new application for a pre-removal risk assessment filed on the same date. Under section 165 of the Immigration and Refugee Protection Act, however, a second or subsequent assessment is not in itself an impediment to removal. The deferral request was denied accordingly. 2.9 The author subsequently brought a motion before the Federal Court asking for a stay of execution of the removal order against him, which was denied on 27 August 2011. The author therefore submits that all available domestic remedies have been exhausted. 2.10 On 22 August 2011, the author was notified by the Canada Border Services Agency that he would be deported to Kingston on 29 August 2011 at 9.25 a.m.; that he would be escorted by two Agency officers who would take him to a community group home, where he would be able to stay for 30 days; that he would be given three months’ supply of medication; and that he would be provided with new clothing and toiletries. On 28 August 2011, the author filed his communication before the Committee, with a request for interim measures to stop his deportation, scheduled the following day. 4