CCPR/C/116/D/2060/2011
State party’s refusal to allow one member of a family to remain on its territory would
involve interference in that person’s family life. However, the mere fact that certain
members of the family are entitled to remain on the territory of a State party does not
necessarily mean that requiring other members of the family to leave involves such
interference.24 It also recalls that the separation of a person from his family by means of
expulsion could be regarded as an arbitrary interference with the family and a violation of
article 17 if, in the circumstances of the case, the separation of the author from his family
and its effects on him were disproportionate to the objectives of the removal.25
7.6
In the present case, the Committee observes that the author’s deportation to
Zimbabwe constituted an interference with his family relations in Canada. Thus, it must
examine if the said interference can be considered either arbitrary or unlawful. The relevant
criteria for assessing whether the specific interference with family life can be objectively
justified must be considered, on the one hand, in the light of the significance of the State
party’s reasons for the removal of the person concerned and, on the other, the degree of
hardship the family and its members would encounter as a consequence of such removal. In
this regard, the Committee observes that it is not disputed that in the present case the
interference had a legitimate purpose, namely the protection of the State party’s society and
the prevention of other criminal offences by the author. During his stay in Canada the
author was convicted of 11 criminal offences (see, for instance, paras. 2.8, 2.10 and 2.12)
and he failed to comply with judicial orders and immigration conditions that were imposed
on him. Although eight other charges of assault were subsequently withdrawn, they were
serious enough to result in a court order prohibiting him from having any contact with his
two extramarital partners — the alleged victims — for a period of one year. Further, at the
time the author was deported to Zimbabwe he faced two outstanding assault charges in
which the alleged victim was his wife. The Committee also observes that the author was
born and lived in Zimbabwe for almost 28 years; that he studied, worked, married, and had
his first two children there; that during his 10-year stay in Canada he was never legally
entitled to reside there; that owing to his long absence from the family home his wife was
mainly in charge of the upbringing and care of their children; that there is no indication as
to whether he had provided for his children’s needs; and that the information provided by
the author is vague and does not allow the Committee to assess the kind of ties he kept with
his wife and children. Even if his wife and children stay in Canada, the Committee observes
that there is no legal obstacle that would prevent them from visiting the author in
Zimbabwe at any time. Accordingly, the Committee considers that, in the circumstances of
the case, the interference with the author’s family life has not been shown to be
disproportionate to the legitimate aim of preventing the commission of further crimes. The
Committee therefore concludes that the author’s removal to Zimbabwe did not constitute a
violation of his rights under articles 17 and 23 (1) of the Covenant.
8.
The Human Rights Committee, acting under article 5 ( 4) of the Optional Protocol
to the International Covenant on Civil and Political Rights, is of the view that the author’s
removal to Zimbabwe did not violate his rights under the Covenant.
24
25
14
See communications No.1959/2010, Warsame v. Canada, Views adopted on 21 July 2011, para. 8.7;
No. 930/2000, Winata v. Australia, Views adopted on 26 July 2001, para. 7.1; No. 1011/2001,
Madafferi v. Australia, Views adopted on 26 July 2004, para. 9.7; and No. 1222/2003, Byahuranga v.
Denmark, Views adopted on 1 November 2004, para. 11.5; and Dauphin v. Canada, para. 8.1.
See communication No. 558/1993, Canepa v. Canada, Views adopted on 3 April 1997, para. 11.4.
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