CAT/C/55/D/512/2012
judicial commission in response to sectarian attacks. 20 The State party also considers that
the complainant’s claim that the police will charge him with blasphemy at the urging of his
former in-laws and torture him if he returns to Pakistan is highly speculative. The
complainant’s allegations do not fit within the definition of torture set out in article 1 of the
Convention.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claim contained in a communication, the Committee must
decide whether it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22 (5) (a) of the Convention, that the same
matter has not been and is not being examined under another procedure of international
investigation or settlement.
7.2
In accordance with article 22 (5) (b) of the Convention, the Committee must
ascertain whether the complainant has exhausted all available domestic remedies; this rule
does not apply where it has been established that the application of those remedies has been
unreasonably prolonged, or that it is unlikely to bring effective relief to the alleged victim.
The Committee notes the State party’s argument that the complainant has been eligible to
apply for a new PRRA since 22 December 2011 but has not done so, and that the new
process would allow the complainant to present his new risk-related evidence that has not
yet been evaluated by the State party’s authorities. It also notes the complainant’s assertion
that a new PRRA application would not stay his removal. It takes note of the State party’s
observation that although a statutory stay of removal is not available pending the
determination of a second or subsequent PRRA, an application may be made to the Federal
Court for a judicial stay of removal pending the disposition of the PRRA application, and
that an administrative deferral of removal may also be requested. However, the Committee
observes that the second PRRA process would not shield the complainant from removal to
Pakistan during the assessment of the risk he might face in Pakistan in the light of the new
evidence. It notes that the acceptance rate for PRRA applications appears to be very low,21
and that applicants who have received a negative decision from the Immigration and
Refugee Board or on a prior PRRA application must wait 12 months before applying for
another PRRA procedure.22 The Committee observes that although PRRA decisions are
subject to judicial review, the PRRA procedure itself does not afford a hearing before a
judicial tribunal but instead involves an evaluation made by a single administrative
officer.23 Accordingly, it considers that the second PRRA process cannot be considered as
offering the author an effective remedy.
7.3
The Committee notes the State party’s argument that the complainant has not
exhausted domestic remedies because he abandoned his refugee claim and failed to apply to
have it reopened. The Committee observes that while the complainant asserts that he was
unable to pursue his refugee claim due to the error of the State party, whereby the Refugee
Protection Division sent his hearing notice to an incorrect address, the State party has
20
21
22
23
16
Ibid.
See Canada, “Formative evaluation of the Pre-Removal Risk Assessment Program”, in which it is
stated that between 2002 and 2006, the PRRA acceptance rate was 2.7 per cent. Available from
www.cic.gc.ca/english/resources/evaluation/prra/section4.asp.
See Canada, “Limits on pre-removal risk assessments and applications for humanitarian and
compassionate consideration”. Available from www.cic.gc.ca/english/refugees/reform-ppra.asp.
See Canada, “Processing PRRA applications: PRRA decisions”. Available from
www.cic.gc.ca/english/resources/tools/refugees/prra/decisions.asp.