6.7 Counsel points out that the Canadian Government is very well aware that
access to such procedures is almost never granted in practice, and that in any event
they do not prevent the Canadian Government from proceeding with the expulsion.
Issues and proceedings before the Committee
7.1 Before considering any claims contained in a communication, the Committee
against Torture must decide whether or not it is admissible under article 22 of the
Convention.
7.2 In accordance with article 22, paragraph 5 (b) of the Convention, the
Committee does not consider any communication unless it has ascertained that the
author has exhausted all available domestic remedies; this rule does not apply
where it has been established that the application of the remedies has been or
would be unreasonably prolonged or that it is unlikely to bring effective relief to
the alleged victim. In the present case, the author acknowledges that he has not
pursued a request for judicial review by the Federal Court and has not lodged a
request for a ministerial waiver on humanitarian grounds. Even if the author claims
that these remedies would be illusory, he has furnished no evidence that they
would be unlikely to succeed. The Committee notes that the conditions laid down
in article 22, paragraph 5 (b), of the Convention have not been met.
8. The Committee consequently decides:
(a) That the communication is inadmissible;
(b) That this decision shall be communicated to the author of the communication
and to the State party.
[Done in English, French, Spanish and Russian, the French text being the original
version.]