CAT/C/32/D/183/2001 Page 5 be tried and determined, on an interlocutory basis, that he would suffer irreparable harm if deported to India. By decision of 24 November 1998, the Federal Court granted the application for judicial review setting aside the decision of the immigration officer rejecting the complainant’s second humanitarian and compassionate application and referring the matter back for reconsideration. Although the Court rejected the complainant’s claim that the immigration review scheme in Canada was in violation of articles 72 and 123 of the Canadian Constitution, it held that the immigration officer’s decision was unreasonable since it failed to give due weight to new evidence presented by the complainant and because it relied on irrelevant considerations. 2.11 The complainant’s humanitarian and compassionate application was subsequently reviewed by another immigration officer who was also trained as a postclaim determination officer and, after a lengthy analysis of the facts and evidence, refused the application on 13 October 2000, based on, inter alia, the following considerations: (a) doubts about the authenticity of the arrest warrant given its form and the absence of any corroborating evidence; (b) the lack of an identifiable source and/or the outdatedness of most of the reports and newspaper articles submitted by the complainant on the situation in Punjab; (c) the contradiction between the fact that, according to the testimony of his family and neighbors in his home village, the complainant was innocent and his claim of still being persecuted by the police; (d) doubts as to the evidentiary value of the translation of a newspaper article, dated 11 June, from a Vancouver weekly published in Punjabi language citing the case of the complainant; (e) the complainant’s unexcused failure to report for the examination of his first refugee claim which was scheduled for 17 August 1993 at the Canadian border post; (f) the fact that the complainant had been issued a passport by the Indian consulate in New York on 24 November 1993, although he was allegedly being sought by the Indian authorities; (g) the fact that counsel raised the issue of the complainant’s posttraumatic stress disorder accompanied by panic attacks, as diagnosed in a psychiatric report dated 30 August 1999, at a late stage of the proceedings, that his psychological condition had not prevented the complainant from working since January 1999, and that he had denied any mental disorder when completing immigration documents in October 1997 and in September 2000; (h) the complainant’s low political profile and the fact that generally only human rights activists or Sikh militants and their respective families were in danger of being harassed by the Punjabi police4; (i) the fact that the complainant’s family continues to live in the Punjab; (j) the complainant’s protection by virtue of his father’s good political connections; (k) the general improvement of the situation in the Punjab; and (l) the fact that the complainant was able to find a safe haven in the neighboring province prior to his departure from India in 1991. 2 “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” 3 “Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.” 4 For that reason, the “notes au dossier” denied any similarity with the Chahal v. United Kingdom case in which the European Court of Human Rights decided that the deportation of a well-known supporter of Sikh separatism to India would constitute a violation of article 3 of the European Convention since his involvement in the Sikh separatist movement “would be likely to make him a target of interest for hard-line elements in the security forces who have relentlessly pursued suspected Sikh militants in the past”. See European Court of Human Rights, Chahal v. United Kingdom (application no. 00022414/93), judgment of 15 November 1996, paras. 98 and 106-108 (citation at para. 106).