What is the test for an application to return an alleged torture victim to his native country?
Canada (Federal), Canada
The following excerpt is from Sandhu v. Canada (Minister of Citizenship and Immigration), 1998 CanLII 7395 (FC):
In the case at bar, it must be determined whether the torture the applicant suffered was so appalling that this experience alone is a compelling reason not to return him to his country, even if there is no longer any fear of further persecution. Unfortunately for the applicant, this provision was not raised at the hearing and the panel was accordingly not required to consider applying it. In Gyamfuah v. Canada,7 Madam Justice Simpson said the following on this issue:
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