On 8 December 1997 the Minister rendered her opinion that it would be contrary to the public interest to have the author’s refugee claim heard. 4.13 The State party argues that the communication before the Committee is inadmissible for failure to exhaust domestic remedies. First of all, the author did not seek leave for judicial review of the 30 May 1997 decision of the adjudicator that he was inadmissible on the basis of terrorism and criminality under the Immigration Act. If leave had been sought and granted, that decision would have been reviewed by the Federal Court Trial Division. A successful review application would have resulted in an order that a new inquiry be held and a decision rendered consistent with the reasons of the Court. If it was determined that the petitioner did not fall within an inadmissible category, there would be no basis for excluding him from the refugee determination process and he would not have been removed from Canada pending consideration of his refugee claim. Moreover, the author could have sought an extension of the time required for the filing of the application for leave for judicial review. Such extensions are frequently granted and would have allowed the author to file a late application. 4.8 On 18 December 1997 the author applied for leave for judicial review of the Minister’s decision. He also applied for an interim order staying the execution of the deportation order. On the same day the Government of Canada became aware, through a conversation with the author’s counsel, that the author had filed a communication in September 1997 with the Committee and that the Committee had requested on 18 December 1997 that the author not be expelled pending its consideration of the communication. The Committee’s letter informing the State party of the author’s communication and the request for interim measures was received on 19 December 1997. 4.9 On 22 December 1997, the Federal Court Trial Division dismissed the author’s application regarding the deportation order. The Court emphasized that the author would be excluded from Convention refugee status owing to his past terrorist activities and that Canada should not be nor be seen to be a haven for terrorists. It noted that the author had had ample opportunity to suggest another country of removal than India, that India did not have a policy of or encourage police brutality, and that the author’s high profile would provide him with protection against any alleged possible illtreatment by Indian authorities. 4.14 The author alleges that he did not appeal or seek judicial review for lack of funds. In fact, there is no charge for submitting an application for leave for judicial review and it is a comparatively inexpensive procedure. The author clearly found the financial means to retain counsel—or his counsel had acted pro bono—with respect to several previous and subsequent proceedings, including proceedings before the Committee. The author has not provided any evidence that he had sought legal aid or that legal aid had been denied. 4.10 On 23 December 1997, the Court issued a supplementary decision with respect to the author’s request that the Court certify the question whether a person’s rights under the Canadian Charter of Rights and Freedoms are infringed in case of removal to a country where there is a reasonable possibility that the individual would be subjected to torture, pursuant to an opinion by the Minister that it would be contrary to the public interest to have the individual’s refugee claim heard. The Court determined that the author’s question should not be certified. In rendering its decision the Court found that the author had not shown that it would be demonstrably probable that he would face torture upon return to India. 4.15 Secondly, the author did apply for leave for judicial review with respect to the Minister’s opinion that it would be contrary to the public interest to allow the author’s refugee claim to be heard. However, the author failed to perfect this application by filing an application record within the prescribed period. As a result, the author’s application was dismissed. If the author had filed an application record and leave had been granted, the Minister’s opinion would have been scrutinized by the Federal Court Trial Division. If the application had been successful the Court would have returned the matter to the Minister for a decision in accordance with the reasons of the Court. 4.11 On 23 December 1997, the author was removed from Canada. He was escorted to New Delhi by one CIC officer and one police officer. Upon arrival the author was dealt with in a normal fashion and was not treated by the Indian police any differently from other individuals removed to India. Counsel’s comments 5.1 In a submission of 20 January 1998, counsel claimed that the State party, in its response of 29 December 1997, failed to indicate how the Canadian authorities arrived at their conclusion regarding the risk facing the author. The author was never afforded an opportunity to have his refugee claim heard, nor was he ever afforded the benefit of an oral hearing before an independent tribunal where he could give his personal testimony concerning his fears. The 4.12 On 9 March 1998, the author’s application for leave for judicial review of the Minister’s opinion concerning his refugee claim was dismissed by the Federal Court Trial Division for failure of the author to file an application record within the prescribed period. 53