CCPR/C/133/D/3212/2018 Advance unedited version
9.6
Under the circumstances of the present case, the Committee is of the view that the
State party’s interference with the author’s family life and the ensuing insufficient protection
afforded to the family generated excessive hardship for the author, his wife and their minor
child. The issuance of an expulsion order against the author in the circumstances of his case
presented him with no prospect for reunification in the foreseeable future either in Australia
or in Sri Lanka, which has inevitably led to the breaking up of the family unit.
9.7
The Committee therefore considers that the expulsion order issued against the author,
although pursuing a legitimate aim, constituted disproportionate interference with his family
life, which cannot be justified by the abstract reasons invoked by the State party to remove
him to Sri Lanka.
10.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that
the facts before it disclose a violation by the State party of article 17, read in conjunction with
article 23 (1), of the Covenant.
11.
Pursuant to article 2 (3) (a) of the Covenant, the State party is under an obligation to
provide the author with an effective remedy. This requires it to make full reparation to
individuals whose Covenant rights have been violated. Accordingly, the State party is
obligated, inter alia, to proceed to a review of the author’s case taking into account the State
party’s obligations under the Covenant and the Committee’s present Views, to arrange for
the author’s return to Australia, if he so wishes, and to provide adequate compensation. 18
The State party is also under an obligation to take steps to prevent similar violations in the
future.
12.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective remedy when it has been
determined that a violation has occurred, the Committee wishes to receive from the State
party, within 180 days, information about the measures taken to give effect to the
Committee’s Views. The State party is also requested to publish the present Views and
disseminate them widely in the official language of the State party.
18
8
A.H. v. Denmark (CCPR/C/114/D/2370/2014), para. 10.; X. v. Sweden (CCPR/C/103/D/1833/2008),
para. 11.