CCPR/C/125/D/3041/2017
which feature many errors and misstatements. With regard to the evidence relating to the
author’s persecution after the assassination of the President of the Democratic Republic of
the Congo, the officer in charge of the pre-removal risk assessment noted that most people
accused of conspiracy were military officers, and there is no evidence that someone with
the personal profile of the author’s husband would be personally at risk. The State party
recognizes that, in some situations, refugee claimants must resort to the use of false
identities and false documents to flee their country of persecution. Once in a safe country
and when seeking its protection, however, refugee claimants are expected to be truthful.
The only authentic identity document that the author has presented to the State party’s
authorities is a valid Angolan passport, with the result that she faces deportation to Angola,
not to the Democratic Republic of the Congo. Her other identity documents are by her own
admission fraudulent or either have been tampered with or otherwise of dubious
authenticity. In the circumstances, the State party is justified in relying on her one authentic
identity document – an Angolan passport – and in considering her a citizen of Angola.
4.4
The author has provided no evidence that would support a finding that she would
face human rights violations in Angola. The excerpts from several human rights reports
concerning Angola that she attached to her complaint are general, and nothing in them
relates to her personal situation. The general human rights situation in Angola, while in
some respects problematic, does not indicate that someone with the author’s personal
profile would be personally at risk if returned there. Furthermore, the author has presented
no evidence that, if deported to Angola, she would face onward removal to the Democratic
Republic of the Congo. The State party therefore considers the author’s allegations with
respect to articles 6 (1), 7 and 9 inadmissible for lack of substantiation.
4.5
The State party submits that the author’s allegations under article 13 of the Covenant
regarding the application of the Canada-United States Safe Third Country Agreement are
inadmissible for non-exhaustion of domestic remedies. Claimants who return to Canada
between border posts in order to evade the application of the Agreement, after having been
found ineligible under it, are ineligible under section 101 (1) (c) of the Immigration and
Refugee Protection Act. In that situation, they are not returned to the United States, but are
subjected to a pre-removal risk assessment to determine whether they are in need of
protection, the procedure followed when the author and her two eldest children entered
Canada in 2016. At the time of her refugee claim in 2009, when she first entered Canada,
the author could have challenged her ineligibility and prospective return to the United
States by way of an application for leave to apply for judicial review to the Federal Court,
coupled with a motion for a judicial stay of removal. Contrary to the author’s assertions that
no remedies were available to her, a refugee claimant in her situation does in fact have
effective access to the Federal Court. The author did not challenge the decision to return her
to the United States.
4.6
The author’s allegations under article 13 are also deemed inadmissible for lack of
substantiation. The author’s complaint in this regard seems to be centred on the fact that she
was not granted an oral hearing in the course of the pre-removal risk assessment process.
Canada submits that the author was interviewed by Canadian immigration authorities a
number of times prior to her application for pre-removal risk assessment, and in the course
of those interviews was questioned specifically about her citizenship, identity and the
authenticity of her documents. The officer in charge of the assessment based her finding
that the author was a citizen of Angola on the author’s own statements and the author’s
authentic Angolan passport. In the circumstances, there was no reason for the officer who
was considering her application to interview the author again on exactly the same issues.
Moreover, the author was able to apply for leave to apply for judicial review of the decision
on her pre-removal risk assessment, as well as for a judicial stay of removal. The author
was allowed to stay in Canada for the purpose of having her application assessed. Since it
has been determined that the author is not at risk in Angola, the country of which she is a
citizen and to which she is to be removed, and because she is subject to a lawful removal
order, she is not “lawfully in the territory” of Canada.
4.7
Alternatively, the State party submits that the proceedings challenged satisfy the
guarantees contained in article 13. As demonstrated by the domestic proceedings described
above, the author had her claim for asylum considered and rejected, and her appeal
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