CCPR/C/117/D/2387/2014 the one hand, of the significance of the State party’s reasons for the removal of the person concerned and, on the other hand, of the degree of hardship the family and its members would encounter as a consequence of such removal. 31 8.8 The Committee notes that in the present case, the State party’s Immigration and Refugee Protection Act expressly provides that the permanent residency status of a nonnational may be revoked if the person is convicted of a serious offence carrying a term of imprisonment of at least two years. The Committee also notes the State party’s observation that the authorities acted neither unlawfully nor arbitrarily and that the minimal disruption to the author’s family life was outweighed by the gravity of the author’s crimes. The Committee further notes the author’s criminal record, which started in 1998, at the age of 19, and has continued for over 13 years, totalling 12 criminal convictions including for offences of a violent nature and punishable by long prison terms. It notes that the author’s convictions led to inadmissibility reports, first in January 2002, and a removal order of 7 April 2008. 8.9 The Committee also notes the author’s claim that he maintains a close relationship with his mother, sisters and brother; that he used to be his mother’s primary caregiver; that he is planning to support her further; and that his deportation would lead to a complete disruption of his family ties due to the impossibility for his family to travel to Somalia and for him to apply for a visitor’s visa to visit them in Canada for a long time. 8.10 The Committee observes that the author has not resided in Somalia since 1990 and that he does not have any family there; that he has lived in Canada for over 23 years where his mother, sisters and brothers all live; that he would have only limited clan support in his country of origin; and that the means to maintain regular correspondence between the author and his family would be limited. It notes the author’s claim that his criminal offences arose from alcohol addiction and that he has committed to a rehabilitation programme. The Committee also notes that the intensity of the author’s family ties with his mother, sisters and brothers is questioned by the State party, which submits that the author has limited contact with his siblings; that as a result of his detention his family was not involved in his rehabilitation and that the family ties and support did not prevent him from committing criminal offences. The Committee further notes the State party’s assertion that independent support is available to the author’s mother; that the author lived in Somalia until the age of 11; that he speaks Somali, albeit with difficulty; and that he is a member of a majority clan. 8.11 In the light of the above, the Committee considers that the interference with the author’s family life, while significant, would not be disproportionate to the legitimate aim of preventing the commission of further crimes and protecting the public. The Committee therefore concludes that the author’s deportation to Somalia, if implemented with due account of the ongoing need to assess the security situation in Mogadishu and southern and central Somalia, including for so-called Western returnees with limited family and clan support, 32 would not constitute a violation of articles 17 and 23 (1), read alone and in conjunction with article 2 (3) of the Covenant. 9. The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that the facts before it do not permit it to conclude that the author’s removal to Somalia would, if implemented, violate his rights under articles 6 (1), 7, 17 and 23 (1), read alone and in conjunction with article 2 (3) of the Covenant. 31 32 GE.17-03930 See Madafferi et al. v. Australia, para. 9.8. See, for example, UNHCR, “UNHCR position on returns to southern and central Somalia (update I)” (May 2016), paras. 6 and 20, and the United Kingdom, Home Office, “Country information and guidance: south and central Somalia: majority clans and minority groups” (March 2015), para. 2.2.5. Available from www.refworld.org/docid/550a8ec34.html. 13

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