CCPR/C/116/D/2060/2011 dishonest dealings; and his position of trust based on his work as evangelical minister and organizer/fundraiser for his own charitable organization was an aggravating factor. In addition, he had been involved in more than one extramarital relationship which had ended his signing a peace bond preventing him from contacting the women in question. Furthermore, he had flouted the immigration laws on more than one occasion by the manner in which he had entered the State party and by failing to comply with various Canada Border Services Agency removal orders as well as the terms and conditions of release imposed upon him. 2.17 As to the author’s allegations about the difficulty of accessing antiretroviral medications in Zimbabwe, Citizenship and Immigration Canada stated that according to information provided by medical practitioners in Zimbabwe designated by Canada, such medications were available at pharmacies in the main cities; it was not difficult to have them delivered to the rural areas; their average price was US$ 30 per month; and a number of institutions offered the medication for free. It also pointed out that as the author was an able-bodied, educated person, he should be able to access the treatment he needed in Zimbabwe. Finally, it highlighted that the author had not yet taken any antiretroviral medications so that there would be no adverse effect to his health owing to removal from Canada and interruption of a medication regime. 2.18 Citizenship and Immigration Canada acknowledged that the separation of the author from his wife and children would be a significant hardship for him and his family in Canada. However, given his periods of incarceration and immigration detention and his temporary relocation to Calgary in 2004/05 and periods of detention there, he had been separated from his children for fairly lengthy periods of time, particularly in the three years prior to its decision. Thus, any subsequent involuntary separation from them would be a continuation of the current state of affairs. It further noted that as a result of the author’s and his wife’s incarceration, the Durham Children’s Aid Society had removed their children and placed them in foster care; that in September 2007 the children were returned to his wife’s care, under the supervision of the Society; and that she had raised the children on her own and was able to gain the Society’s confidence, which indicated that she had the requisite abilities to care for her children as a single parent. 2.19 As to the situation in Zimbabwe, Citizenship and Immigration Canada noted that according to recent information in the public domain, the humanitarian and economic crises in Zimbabwe were under control and drawing to a close;2 that the author had not explained why he could be subject to mistreatment because of his status as a failed asylum seeker and being HIV-positive; that no recent information indicated that failed asylum seekers could face problems upon return to Zimbabwe;3 and that although HIV/AIDS continued to carry a stigma which might lead to discrimination in Zimbabwe, that did not mean that HIVpositive persons would be mistreated.4 2.20 On 6 January 2010, the author submitted an application for leave and judicial review of the refusal of his humanitarian and compassionate application before the Federal Court, which was dismissed on 4 May 2010. 2 3 4 International Crisis Group, “Zimbabwe: engaging the inclusive Government”, Africa Briefing No. 59, 20 April 2009; and Human Rights Watch, “False dawn: the Zimbabwe power-sharing Government’s failure to deliver human rights improvements”, 31 August 2009. United Kingdom Home Office, Country of Origin Information Report: Zimbabwe, 20 July 2009. “Treatment of HIV positive persons in Zimbabwe”, Refugee Documentation Centre (Ireland), 25 September 2009. 5