7.6 On 30 December 1992, counsel for the author requested the exceptional granting of resident status on humanitarian and compassionate grounds. The State party emphasizes that this request was mainly based on his community involvement in Quebec and on the unstable situation in Pakistan, and that no materials were filed demonstrating a personal risk for the author of torture or maltreatment, if he were to be returned to Pakistan. On 29 January 1993, the application was refused. 7.7 On 25 February 1994, the author was convicted of assault causing bodily harm and sentenced to one year probation and a $90 fine. Consequently, his departure from Canada was scheduled for 17 March 1994. On 15 March 1994, the author was arrested while attempting to enter the United States illegally and contrary to the conditions imposed upon him after his release from detention. On 16 March 1994, he was ordered detained for removal purposes. According to the State party, the author threatened Immigration officers, saying that he could not be held responsible for what might happen to escort officers who would take him back to Pakistan. His removal was delayed and the author remained in detention. 7.8 On 15 April 1994, counsel for the author made another humanitarian and compassionate application. This application was refused on 10 May 1994. The State party submits that the author could have applied to the Federal Court if he felt that the review had been unfair, but he failed to do so. Instead, counsel made additional humanitarian and compassionate review submissions, without however submitting the requisite processing fee. As a result, the application was not considered. The State party states that in the materials submitted by counsel, no reference was made to the author having been previously ill treated in Pakistan. 7.9 On 15 June 1994, counsel brought an application before the Refugee Division for reconsideration of the author’s refugee claim. On 18 June 1994, the application was denied. No attempt was made by counsel or the author to challenge this decision. 7.10 On 4 July 1994, the author was released from detention. The State party submits that it had been agreed that the author would get the opportunity to arrange his voluntary departure to a country other than Pakistan. It was agreed that he would leave Canada voluntarily by 15 July 1994, and that, failing that, removal to Pakistan would proceed on 17 July 1994. 7.11 After having been informed that the author had submitted a communication to the Committee against Torture, the State party arranged for a review of the author’s case by a post-claim determination officer. It is submitted that the post-claim determination officer evaluated the materials filed by the author’s counsel (including the materials submitted to the Committee), the author’s Personal Information Form, the decision of the Refugee Division as well as other materials obtained from the Documentation Centre of the Immigration and Refugee Board (including reports from Amnesty International, Asia Watch and newspaper clippings on the situation of the Northern Territories in Pakistan). The officer also relied on research done by the staff of the Documentation Centre. On 19 September 1994, the author was informed that a negative decision had been reached. The officer concluded that the author was one of thousands of residents in Northern Pakistan who advocate a change in the status of Kashmir, that the Government of Pakistan had supported secessionist groups and that therefore no reasons existed why the Pakistani authorities would be interested in the author. Moreover, the officer doubted the credibility of the author’s -49-