limiting the rights of States to expel an individual categorized as an “alien”. It would thus appear that “his own country” as a concept applies to individuals who are nationals and to certain categories of individuals who, while not nationals in a formal sense, are also not “aliens” within the meaning of article 13, although they may be considered as aliens for other purposes. brother is in a program for the disabled and is therefore taken care of by social services. As a matter of fact, there is no one depending on the appellant for sustenance and support...”. Counsel argues that emphasis on the financial aspect of the relationship does not take into account the emotional family bond and submits in support of her argument the report of Dr. Irwin Silverman, a psychologist, summarizing the complexity of human relationships. Moreover counsel cites from a book by Johathan Bloom-Fesbach, The Psychology of Separation and Loss, outlining the long-term effects of breaking the family bond. 12.4 What is less clear is who, in addition to nationals, is protected by the provisions of article 12, paragraph 4. Since the concept “his own country” is not limited to nationality in a formal sense, that is, nationality acquired on birth or by conferral, it embraces, at the very least, an individual who, because of his special ties to or claims in relation to a given country cannot there be considered to be a mere alien. This would be the case, for example, of nationals of a country who have there been stripped of their nationality in violation of international law and of individuals whose country of nationality has been incorporated into or transferred to another national entity whose nationality is being denied them. In short, while these individuals may not be nationals in the formal sense, neither are they aliens within the meaning of article 13. The language of article 12, paragraph 4, permits a broader interpretation, moreover, that might embrace other categories of long-term residents, particularly stateless persons arbitrarily deprived of the right to acquire the nationality of the country of such residence. 10.6 Counsel rejects the State party's argument that proper balancing has taken place between State interests and individual human rights. Issues and proceedings before the Committee 11.1 This communication was declared admissible in so far as it appears to raise issues under articles 12, paragraph 4, 17 and 23 of the Covenant. 11.2 The Committee has considered the communication in the light of all the information made available to it by the parties, as provided in article 5, paragraph 1, of the Optional Protocol. 12.1 The question to be decided in this case is whether the expulsion of Mr. Stewart violates the obligations Canada has assumed under articles 12, paragraph 4, 17 and 23 of the Covenant. 12.2 Article 12, paragraph 4, of the Covenant provides: “No one shall be arbitrarily deprived of the right to enter his own country”. This article does not refer directly to expulsion or deportation of a person. It may, of course, be argued that the duty of a State party to refrain from deporting persons is a direct function of this provision and that a State party that is under an obligation to allow entry of a person is also prohibited from deporting that person. Given its conclusion regarding article 12, paragraph 4, that will be explained below, the Committee does not have to rule on that argument in the present case. It will merely assume that if article 12, paragraph 4, were to apply to the author, the State party would be precluded from deporting him. 12.5 The question in the present case is whether a person who enters a given State under that State's immigration laws, and subject to the conditions of those laws, can regard that State as his own country when he has not acquired its nationality and continues to retain the nationality of his country of origin. The answer could possibly be positive were the country of immigration to place unreasonable impediments on the acquiring of nationality by new immigrants. But when, as in the present case, the country of immigration facilitates acquiring its nationality, and the immigrant refrains from doing so, either by choice or by committing acts that will disqualify him from acquiring that nationality, the country of immigration does not become “his own country” within the meaning of article 12, paragraph 4, of the Covenant. In this regard it is to be noted that while in the drafting of article 12, paragraph 4, of the Covenant the term “country of nationality” was rejected, so was the suggestion to refer to the country of one's permanent home. 12.3 It must now be asked whether Canada qualifies as being Mr. Stewart's country”. In interpreting article 12, paragraph 4, it is important to note that the scope of the phrase “his own country” is broader than the concept “country of his nationality”, which it embraces and which some regional human rights treaties use in guaranteeing the right to enter a country. Moreover, in seeking to understand the meaning of article 12, paragraph 4, account must also be had of the language of article 13 of the Covenant. That provision speaks of “an alien lawfully in the territory of a State party” in 12.6 Mr. Stewart is a British national both by birth and by virtue of the nationality of his parents. While he has lived in Canada for most of his life he never applied for Canadian nationality. It is true that his criminal record might have kept him from acquiring Canadian nationality by the time he was old enough 56

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