Federal Court Trial Division, and from there to the Federal Court of Appeal and the Supreme Court of Canada. 6.6 After two non-governmental experts had prepared a study, in April 1994, in which concerns were expressed about the post-claim risk-assessment process (in particular with regard to the low acceptance rate), the Minister of Citizenship and Immigration announced specific interim measures. Instructions were issued with regard to a broader application of the regulatory criteria. It was under these criteria and instructions that Mr. Khan’s case was recently reviewed. 7.1 As to Mr. Khan’s case, the State party states that he was first interviewed by immigration officials on 9 August 1990. He declared that he had entered Canada illegally from the United States, and that he had left Pakistan on 1 July 1990. On 18 September 1990, the author signed a Statutory Declaration in which he claimed political refuge. An interpreter was present at that occasion. He informed the immigration officer about his political activities and stated that he had received several threats. The author was then referred to an immigration inquiry to determine his status in Canada. 7.2 At the inquiry, the author made his claim for refugee status under the procedures set out in the Immigration Act. On that occasion, he described his political activity and alleged two instances of detention, one in November 1987 and the second in March 1990. After a hearing on 24 May 1991, the author’s claim was found to have a credible basis and thus referred to the Refugee Division for a full oral hearing. At the hearing, on 29 August 1991, the author was represented by a lawyer; interpretation was provided. The State party submits that the information provided by the author at the hearing was inconsistent with that provided by him earlier. Furthermore, the oral testimony is said to have been internally inconsistent. Although numerous opportunities were given to the author to clarify these inconsistencies, the State party submits that the testimony remained self-contradictory. Consequently, in its decision, dated 14 January 1992, the Refugee Division determined that the author was not a refugee and that his oral testimony had been fabricated. The author’s leave to appeal was dismissed by the Federal Court of Appeal on 22 April 1992. 7.3 The State party emphasizes that in no instance during the proceedings in determination of his refugee claim, the author or his counsel alleged ill treatment or torture during the claimed periods of detention, nor did they allude to future fear of torture. 7.4 After the author’s leave to appeal had been dismissed, he was informed that he should leave Canada on or before 23 May 1992. The author failed to do so. After the author failed to report to the immigration office on 16 September 1992, as requested, a warrant for his arrest was issued. The author was arrested on 21 September 1992, and on 23 September 1992, a deportation order was issued against him. He remained in detention until the scheduled day of his removal, 8 October 1992. On that date, his scheduled removal was delayed because of his violent and aggressive behaviour, which made it inappropriate to proceed with the removal without escort officers. 7.5 On 27 October 1992, the author’s presence was required at a preliminary hearing in respect of charges of assault against him, following a fight in a bar in March 1992. Under paragraph 50(1)(a) of the Immigration Act, the author could not be removed from Canada until after these charges were resolved. On 29 October 1992, the author was released from detention, awaiting the outcome of the trial against him, which was scheduled for 25 February 1993. -48-