CCPR/C/122/D/2292/2013
been assaulted and that his partner had been killed. The official reported the situation to the
representative of Immigration, Refugees and Citizenship Canada (IRCC) and recommended
that an exclusion order be issued for attempted entry into Canada using fraudulent
documents.
2.4 As a result, the IRCC representative determined that the author was inadmissible and,
that same day, issued an exclusion order against him. 3 The author was thus unable to file an
asylum application with the Immigration and Refugee Board of Canada (IRB) because of
the exclusion order.4 He was then detained for holding a fraudulent passport and because
his identity could not be established. 5 His removal was scheduled for the next day, but the
Canada Border Services Agency (CBSA) had to cancel it because of the author’s health, as
he had slit his left wrist before heading to the airport. 6 The author received medical
attention at the holding centre and was informed that his removal would take place the
following day. He was given a form to apply for a pre-removal risk assessment (PRRA).
2.5
On 13 September 2013, the author requested the Federal Court to temporarily
suspend the exclusion order. The request became moot that same day when the author was
informed that his removal would not take place before 17 September 2013, after he had met
with a removal agent on 16 September. Several dates for the removal were set and later
cancelled. The author filed a PRRA application on 16 September 2013.
2.6
On 17 September 2013, the author filed for an administrative suspension with a view
to having the enforcement of the exclusion order postponed until the PRRA application
could be considered. On 18 September 2013, his suspension request was denied. On 23
December 2013, the Federal Court dismissed his application for leave to seek judicial
review of the enforcement agent’s decision.
2.7
On 17 October 2013, following a hearing on 1 October 2013, 7 the author’s PRRA
application was rejected owing to the contradictions observed by the PRRA agent. The
agent considered that the author had not provided credible evidence to substantiate his
alleged homosexual relationship, the assault by the Muslim Brotherhood at his home or the
risk emanating from his family on account of his conversion to Christianity. His subsequent
attempts to explain the contradictions and irregularities in his account were also found to be
inconsistent and implausible. In the agent’s opinion, there was only a mere possibility that
the author’s fears would materialize, so she concluded that the author ran no personal risk
of suffering irreparable harm were he to be removed to Egypt.
2.8
On 21 October 2013, the author applied for leave to seek judicial review in respect
of the rejection of his PRRA application. That same day, he requested a suspension of his
removal until a decision was taken on his application for leave to seek judicial review.
CBSA agreed to postpone his removal so that he could obtain a response regarding his
PRRA application.
2.9
On 4 April 2014, the Federal Court admitted the application for leave to seek
judicial review in relation to the rejection of the author’s PRRA application, setting the
hearing on the merits for 2 July 2014. On 7 July 2014, the Federal Court upheld the appeal
and transmitted the file to another agent for reconsideration, having found that the PRRA
agent had not come to an explicit conclusion regarding the author’s sexual orientation
despite the issue being central to his application. The agent had limited her analysis to the
relationship the author claimed to have had with Hany and to the assault against both men
3
4
5
6
7
GE.18-09612
On 24 January 2014, the Federal Court dismissed the application for leave to seek judicial review
regarding the decision of 11 September 2013.
The author maintains that he was not informed of the fact that he could file an application for
protection with the Canadian authorities and that no pre-removal risk assessment application form
was provided to him.
On 13, 19 and 26 September 2013, the reasons for the author’s detention were reviewed but the
detention was upheld owing to the fraudulent passport and the risk of flight. He was released on bail
on 13 November 2013.
The author claims that he was desperate and had no other hope of avoiding expulsion, so he tried to
commit suicide by cutting the veins in his left wrist.
In addition to questioning the author, the agent telephoned Inna to question her about the file and
affidavit she had provided.
3