CAT/C/33/D/163/2000 Page 5 They did not apply for exemption from the normal application of the Immigration Act on humanitarian grounds. 3 4.4 According to the State party, the determination of humanitarian considerations is a statutory administrative procedure by which the complainants could have submitted new facts or new evidence in their favour to an immigration official. In such a submission, the complainants could have referred to any personal circumstances of a humanitarian nature, not only to the risks involved in their removal to Mexico. Had their application been turned down, the complainants could have requested leave to apply for judicial review of the decision. For the Federal Court to grant leave, they would only have needed to show that they had a “fairly arguable case” that would warrant remedial action if the request were granted. 4 4.5 The State party argues that the complainants could have applied to the Federal Court for a stay of removal until completion of the judicial review process. This decision can in turn be appealed before the Federal Court of Appeal if the lower court judge certifies that a serious question of general importance is involved and states that question. The Federal Court of Appeal ruling may be appealed in the Supreme Court of Canada. 4.6 The State party further argues that an application for permanent residence in Canada based on the existence of humanitarian considerations is another remedy that might have brought relief to the complainants. 4.7 The State party recalls that, in L.O. v. Canada,5 the Committee found the communication inadmissible because the complainant had not made such an application on humanitarian grounds and had thus not exhausted domestic remedies. 4.8 In the case of the complainant Mr. Saut Villamar, the State party notes, with regard to his second asylum request, that he did not request leave to apply for judicial review of the negative decision of the Refugee Determination Division. This remedy is still available to the complainant, even though the 15-day period established by the Immigration and Refugee Protection Act for the filing of such an application has in fact elapsed. If the complainant can demonstrate that there were special reasons for the delay in filing, a Federal Court judge may allow an extension of the deadline. The State party points out, however, that the complainant 3 Article 114 (2) of the Immigration Act, 1976: “The Governor in Council may, by regulation, authorize the Minister to exempt any person from any regulation made under subsection (1) or otherwise facilitate the admission of any person ... owing to the existence of ... humanitarian considerations.” 4 The Federal Court may intervene if it is satisfied that an administrative body has made an error of jurisdiction; erred in law in making a decision or an order, whether or not the error appears on the face of the record; based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it; or acted in any other way that was contrary to law. 5 L.O. v. Canada, communication No. 95/1997; Views adopted on 5 September 2000.