CAT/C/55/D/512/2012
PRRA and was determined by a PRRA officer to be a person in need of protection, he
would not be removed from Canada and would be eligible to apply for permanent residence
status.
6.5
Upon a subsequent PRRA application, applicants may provide evidence and written
submissions in support of their application. However, a second PRRA is not intended to be
an appeal of the first determination, and determinations based on evidence and allegations
of risk in a previous PRRA are considered final for the purposes of subsequent PRRA
applications. PRRA officers may therefore limit a subsequent PRRA to a re-examination of
the evidence in the light of any changes that have occurred since the previous PRRA was
determined. However, the officers have the discretion to consider evidence that predates the
previous PRRA decision if it is in the interests of justice to do so. In the present case, the
new evidence submitted by the complainant to the Committee substantially relates to events
occurring in 2005 and 2009, which predate the complainant’s negative PRRA
determination in November 2011. However, the complainant states that the new evidence
could not have been assembled in the time provided at the time of his first PRRA
application, mainly because it took time to persuade his relatives in Pakistan to assist him in
obtaining documents, as they feared reprisals on the part of the Government of Pakistan. A
new PRRA would provide domestic decision makers with the first opportunity to determine
whether it is in the interests of justice to consider the new evidence the complainant has
submitted to the Committee. Furthermore, it would be open to the complainant in a new
PRRA application to raise the new and current risks he would allegedly face by the LeJ in
Pakistan and to provide the notarized letter from the president of the PPP in Lahore
describing the current threats he is said to face in Pakistan. For all these reasons, the State
party asserts that the PRRA process is an effective domestic remedy available to the
complainant that renders the communication inadmissible for non-exhaustion.
6.6
Concerning the complainant’s abandonment of his refugee claim, the State party
notes the complainant’s further comment that he contacted the Immigration and Refugee
Board by phone in 2005 after becoming aware that his case had been deemed abandoned,
and was threatened over the phone by an unidentified woman at the Board. The State party
notes that the complainant had not previously raised this alleged exchange or indicated in
any of his submissions to this Committee that he had taken any steps to contact the Board
directly after learning that the Board considered his case to have been abandoned. The State
party accordingly submits that the Committee should decline to accord this explanation any
weight, and maintains that the complainant failed to exhaust this effective domestic
remedy.
6.7
Concerning the procedure for applications for humanitarian and compassionate
consideration, the State party notes that while an administrative stay is not available on
application, applicants can seek to have their removal judicially stayed or administratively
deferred while their application is being considered. The State party considers that the
complainant’s comments about the alleged ineffectiveness of this domestic remedy do not
justify his failure to exhaust it.
6.8
Regarding the complainant’s new claim in his submission dated 27 November 2014
that he fears being tortured by the LeJ upon return to Pakistan, the State party considers that
the complainant has not substantiated this argument on a prima facie basis, for several
reasons. First, the complainant’s own narrative, as set out in domestic proceedings and in
his initial complaint to this Committee, does not support this claim. In his PRRA
application submitted in August 2011, the complainant made no mention of the LeJ, nor did
he more broadly claim a fear of persecution in Pakistan by religious extremists. The
complainant states in his submission dated 27 November 2014 that he was not provided a
fair opportunity to present his entire claim for consideration because he was not provided
an oral hearing as part of the PRRA process. The State party considers that although the
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