CCPR/C/117/D/2387/2014
Additionally, there is no evidence that other family members were at risk in 2007 because
of the brother’s activities against Al-Shabaab, and the 2014 UNHCR international
protection considerations did not identify the profiles cited by the author as recognized risk
profiles. The State party refers to the findings of the Upper Tribunal of the United Kingdom
in the country guidance in the case of MOJ & Others (Return to Mogadishu),20 which did
not recognize any of the profiles relied on by the author as factors of risk and did not
consider ordinary civilians to be at risk of persecution or harm upon return to Mogadishu.
6.6
The State party submits that the author has failed to substantiate his claims under
articles 17 and 23, and it urges the Committee to find that the communication is
inadmissible in its totality pursuant to article 2 of the Optional Protocol. It considers that
the author’s deportation cannot be considered to amount to arbitrary or unlawful
interference with his family life. The decision to remove the author was made in
compliance with Canadian law. The author was given the opportunity at each stage of the
proceedings to make submissions, and he did so with the assistance of a lawyer. In her
decision, the Minister’s delegate considered the following circumstances and their impact
on the author’s family: the limited degree of establishment of the author in Canada; the fact
that he is a single adult male; the frequent and prolonged interruptions of his family
relations owing to his continuous periods of incarceration and detention since the age of 19;
the availability of independent support for his mother; his limited contact with his siblings;
the lack of involvement of his family in his rehabilitation; and the fact that the family ties
and support did not prevent the author from committing criminal offences. The Federal
Court declined to interfere with the decision of the Minister’s delegate. While the author
tries to give the impression that he has maintained a close relationship with his mother and
sisters, he was not close to his family in Canada prior to 4 December 2009; his family could
have helped to facilitate his rehabilitation, but was unable to exert a positive influence on
his lifestyle, as demonstrated by his criminal records.
6.7
The State party underlines the fact that its goal is not just to prevent the commission
of future criminal offences, but to protect the Canadian public from a dangerous individual.
Although the author claims that his criminal records resulted in large part from alcohol
abuse, which is now allegedly resolved, the State party finds it difficult to rely on his
promises. It underscores that it did not take steps to deport the author when he was first
made subject to an inadmissibility report in January 2002, but gave him another six years to
stop committing criminal offences. Detention has been the only effective mechanism to
date to prevent the author from committing future criminal offences and to protect the
public.
6.8
The State party concludes that, under international law, States have a right to control
the entry, residence and expulsion of non-nationals and to remove those who have been
determined not to be in need of protection. Recognition of that principle is particularly
important where such individuals pose a significant risk to the safety and security of a
State’s citizens. It recalls that, as of January 1998 and his detention in July 2011, the author
engaged in criminal conduct, which escalated in frequency and severity. When he was
released on court orders, he continually demonstrated a flagrant disregard for those orders
and for the national justice system in general. The State party concludes that the author
presents a serious danger to the Canadian public, does not face a real danger in Somalia,
and can therefore be deported.
6.9
The State party requests that the Committee review its request for interim measures
as the author failed to present even a prima facie and personal or individualized risk of
irreparable harm in case of return to Somalia.
20
GE.17-03930
See United Kingdom, Upper Tribunal (Immigration and Asylum Chamber), “Country guidance” in
the case of MOJ & Others (Return to Mogadishu).
9