December 1998 and requested the latter to provide observations on
the admissibility and merits of the communication.
The facts as presented by the author
2.1 The author allegedly fled Afghanistan in 1977 at the time of the
armed intervention of the Soviet Union in the Afghan conflict. His
brother was killed by Soviet forces and he feared the same fate. He
went to Iran where he remained for two years without legal status. He
then travelled to Pakistan where he also remained two years without a
legal status. From Pakistan, the author decided to enter India where
he requested to be recognized as a refugee by UNHCR. He was
allegedly recognized as a Convention refugee but did not keep any
evidence of it. However, having no work permit and no right to
education, the author decided to join his brother who had been
recognized as a refugee in Canada.
2.2 The author arrived in Canada in 1987 on a false passport. Upon
his arrival in Montreal, he applied for asylum. He was found to have a
credible basis for his refugee claim, which entitled him to apply for
permanent residence, and he became a permanent resident in 1992.
2.3 On 29 June 1995, the author, found guilty of importing narcotics,
was sentenced to 10 years' imprisonment. On 10 April 1996, the
Minister of Citizenship and Immigration declared him a "danger to
the public in Canada" and decided that he should therefore be
removed to his country of origin. The Minister argued that the serious
criminal offence of which he had been convicted and the need to
protect Canadian society outweighed any humanitarian and
compassionate considerations. The author applied for review of this
decision before the Federal Court but his application was denied.
2.4 On 4 November 1998, the author attended a detention review
hearing during which he was told that his detention would continue
and that his removal would take place on 14 November 1998. The
same day, counsel for the author faxed a request to the Removal
Officer to defer the deportation until a proper risk assessment had
been made, referring to recent documentation about the situation in
Afghanistan.
2.5 The request being denied, the author sought a stay of the
expulsion order in the Federal Court Trial Division, arguing that
because of his ethnic background, he would be subjected to torture if
removed to Afghanistan. On 12 November 1998, the Court refused
the stay. Finally, on 13 November 1998, the author applied for an