CAT/C/46/D/319/2007 Annex Decision of the Committee against Torture under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (forty-sixth session) concerning Communication No. 319/2007 Submitted by: Nirmal Singh (represented by counsel Stewart Istvanffy) Alleged victim: The complainant State party: Canada Date of complaint: 20 June 2007 (initial submission) The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Meeting on 30 May 2011, The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Having concluded its consideration of complaint No. 319/2007, submitted to the Committee against Torture by Stewart Istvanffy on behalf of Nirmal Singh under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Having taken into account all information made available to it by the complainant, his counsel and the State party, Adopts the following: Decision under article 22, paragraph 7, of the Convention against Torture 1.1 The complainant, Mr. Nirmal Singh, an Indian national born in 1963, was residing in Canada at the time of submission of the present complaint and subject to an order for his deportation to India. He claims that his return to India would constitute a violation by Canada of article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The complainant alleges lack of judicial control required by the international human rights law on the administrative deportation decision and that he did not have an effective remedy to challenge the deportation decision. The complainant is represented by counsel, Mr. Stewart Istvanffy. 1.2 In accordance with article 22, paragraph 3, of the Convention, the Committee brought the complaint to the State party’s attention by Note Verbale, dated 21 June 2007. At the same time, the Rapporteur for new complaints and interim measures requested the State party not to deport the complainant to India while his case is under consideration by the Committee, in accordance with rule 108, paragraph 1, of the Committee's Rules of 2

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