Bhatti v. Canada ( Minister of Citizenship and Immigration )
IMM-3277-96
Reed J.
4/10/96
7 pp.
Application for stay of deportation order-Applicant granted Convention refugee status in 1991-Decision vacated in May 1994 because of misrepresentations made to Immigration and Refugee Board-Seeks to prevent execution of deportation order because communication dated May 1996 filed by him with United Nations Committee Against Torture not yet processed-Applicant also claiming violation of ss. 7 and 12 Charter rights-Canada acceded to Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) but no domestic legislation enacted to establish procedures-Under Convention, individual required to exhaust all domestic remedies before UNCAT will consider case-Applicant only exhausting remedies on September 11, 1996-This application commenced on September 12, 1996-Immigration Act accords individuals right to remain in Canada and escape being subject to infringement of security of person if found to be Convention refugees-No similar decision making process in domestic legislation with respect to Convention-R. 108(9) of Convention rules providing UNCAT may request interim measure that country take steps to avoid possible irreparable harm to person claiming to be victim of violation-No request for interim measures received by Canada from UNCAT, risk assessment done by respondent before decision taken to return applicant and no compelling evidence applicant would be subject to torture upon return to India-No serious issue raised by leave application-No evidence of irreparable harm-Application dismissed-Notified in June of potential deportation but no request received by Canada from UNCAT for interim measure-Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, UN Doc. A/Res./39/46 (1984).