CAT/C/57/D/529/2012
the adultery allegations made by B.; (b) a risk of persecution from the residents of her
village as a result of the adultery allegations; and (c) a risk to her life from B.
4.13 The Refugee Protection Division concluded that the complainant had been a credible
witness in relation to the facts of her account. However, it concluded that her specific
claims of the risk she would face were not supported by the evidence provided and that,
ultimately, she had a clear internal flight or relocation alternative in Pakistan. First of all,
the Division concluded that there was not sufficient credible evidence that the police would
seek out the complainant if she returned to Pakistan, because she had been released after
only two days in custody and had testified that the matter had never reached the courts
because a local politician had come to get her out of the police station. Furthermore, she
was able to leave Pakistan legally and using her own passport, without any difficulties.
Secondly, the Division concluded that the complainant had not provided sufficient credible
evidence that she would face persecution from the residents of her village if returned. Her
personal narrative and testimony consistently indicated that her husband and her family and
the rest of the village had supported her and not B., after the allegations of adultery were
made. Thirdly, and taking into account the conclusions on the points above, the Division
concluded that there was not sufficient credible evidence that B. would be able to harm the
complainant if she returned to Pakistan. The legal action concerning the land had already
been decided in the complainant’s favour and there was no evidence to indicate that the
accusation of adultery would proceed further. Ultimately, the Division concluded that if the
complainant returned to Pakistan, she would have an internal flight or relocation alternative
with respect to any risk posed by B. The complainant did not provide sufficient credible
evidence that B. would be able to learn of her return if she relocated to a major urban
centre, or that B. would be able to persuade the State authorities to seek her out.
Furthermore, even if B. learned of her location, it was not clear that he would seek her out
because her daughters live in a place that is known to B. and he has not harmed them. The
Division took into account all serious problems, including societal discrimination faced by
women in Pakistan in general, but concluded that the complainant would not face undue
hardship if she availed herself of an internal flight or relocation alternative.
4.14 Judicial review of a Refugee Protection Division decision is available with leave
from the Federal Court. The Federal Court’s test for granting leave to apply for judicial
review of such decisions is the applicant’s demonstration that there is a fairly arguable case
or a serious question to be determined. The Federal Court hears and decides legal disputes
arising in the federal domain, including challenges to the decisions of federal tribunals like
the Refugee Protection Division. The complainant did not apply to the Federal Court for
leave to seek judicial review of the Division’s decision.
4.15 The complainant also did not apply for permanent residence on the basis of
humanitarian and compassionate grounds. When an application on humanitarian and
compassionate grounds is made by a foreign national, it must be considered by the Minister
of Citizenship and Immigration or his representative. The assessment of such an application
consists of a broad, discretionary review by the decision maker to determine whether the
person should be granted permanent residence for humanitarian and compassionate reasons.
The test is whether the applicant would suffer unusual and undeserved or disproportionate
hardship if he or she had to apply for a permanent resident visa from outside of Canada.
The decision maker considers and weighs all the relevant evidence and information,
including the applicant’s written submissions. Some examples of hardship that may be
considered in an application on humanitarian and compassionate grounds include lack of
critical medical or health care; discrimination that does not amount to persecution; and
adverse country conditions that may have a direct, negative impact on the applicant. In her
communication to the Committee, the complainant did not explain why she had not
submitted an application for residence on humanitarian and compassionate grounds to the
Canadian authorities.
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