CAT/C/63/D/488/2012 submitted an application for a residence visa to the Canadian Embassy in Madrid in March 1993. He received his permanent residency visa and arrived in Canada in August 1993. 2.2 In 1995, a report was submitted to the Minister of Citizenship and Immigration of Canada pursuant to article 27 of the former Immigration Act, 1 stating that the complainant should not have been admitted to Canada. The report was submitted to the Canadian Immigration and Refugee Board for analysis. On 11 July 1996, the Board decided that the complainant should be expelled from Canada in the light of the fact that he should not have been admitted to the country; the Minister had found that the complainant had committed the offences of incitement to murder, hatred and genocide and crimes against humanity, and had provided false testimony about an important matter in Rwanda. On 6 November 1998, the Board’s Immigration Appeal Division rejected the complainant’s appeal. 2.3 The complainant filed an application for judicial review of the Immigration Appeal Division’s decision with the Federal Court. On 10 May 2001, the Immigration Appeal Division rejected the application for judicial review concerning the allegations of incitement to murder, hatred and genocide but accepted the application for judicial review of the allegations concerning crimes against humanity and providing false testimony about an important matter. The complainant then lodged an appeal with the Federal Court of Appeal. On 8 September 2003, the Federal Court of Appeal agreed to review all the allegations, thereby setting aside the order for the deportation of the complainant. On 28 June 2005, the Supreme Court of Canada overturned the decision of the Court of Appeal on the grounds that the latter had undertaken a general review of the case rather than a judicial review. 2.4 Seized of the matter by the Canada Border Services Agency, on 24 November 2011 the delegate of the Minister of Citizenship and Immigration concluded that, pursuant to article 115 (2) (b) of the Immigration and Refugee Protection Act, the complainant should not be present in Canada owing to the nature and severity of his past actions. 2 On 22 December, the complainant applied to the Federal Court for leave to have the decision of the Minister’s delegate submitted for judicial review. 2.5 On 29 December 2011, the Canada Border Services Agency confirmed the complainant’s deportation and scheduled it for 12 January 2012. The complainant asked the Agency to defer his deportation and to give him a reasonable amount of time to seek legal admission to another country. On 4 January 2012, the complainant filed a petition with the Federal Court for leave and judicial review of the Agency’s decision to deport him. Having received no reply from the Agency, on the same date the complainant petitioned the Federal Court for a stay of removal until such time as the Court reached a final decision regarding the petition for leave and judicial review against the decisions of the Minister’s delegate and the Agency. 2.6 On 11 January 2012, the Federal Court denied the complainant’s petition. Since no appeal could be filed with the Federal Court of Appeal against the enforcement of the deportation order, all effective domestic remedies had been exhausted. The complaint 3.1 The complainant claims that the State party violated article 3 of the Convention against Torture when it returned him to Rwanda, where he ran a real, personal and foreseeable risk of being subjected to torture because he was considered to be a political opponent of the Government of Rwanda and an enemy of the State. 3.2 The complainant submitted a large number of documents to support his claims, including a letter dated 9 January 2012 from T., former Prime Minister of the Government of National Unity that took office after the genocide had occurred. The letter states that the 1 2 2 Now the Immigration and Refugee Protection Act. Article 115 (2) (b) of the Immigration and Refugee Protection Act provides for the following exception to the maintenance of refugee status: “on grounds of security, violating human or international rights or organized criminality if, in the opinion of the Minister, the person should not be allowed to remain in Canada on the basis of the nature and severity of acts committed or of danger to the security of Canada”. GE.18-15056

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