of his insistence not to leave the territory of Canada. The Committee also found it necessary to determine whether a
claim could be substantiated under article 13, although the author has not invoked it. It observes that one of the
conditions for the application of this article is that the alien be lawfully in the territory of the State party, whereas
Mr. R. has not been lawfully in the territory of Canada. Furthermore, the State party has pleaded reasons of national
security in connection with the proceedings to deport him. It is not for the Committee to test a sovereign State's
evaluation of an alien's security rating; moreover, on the basis of the information before the Committee, the
procedures to deport Mr. R. have respected the safeguards provided for in article 13. With respect to article 14, the
Committee notes that even if immigration hearings and deportation proceedings were to be deemed as constituting
"suits at law" within the meaning of article 14 (1) of the Covenant, as the author contends, a thorough examination of
the communication has not revealed any facts in substantiation of the author's claim to be a victim of a violation of
this article. In particular, it emerges from the author's own submissions that he was given ample opportunity, in
formal proceedings including oral hearings with witness testimony, both before the Adjudicator and before the
Canadian Courts, to present his case for sojourn in Canada. With respect to articles 18 and 19 of the Covenant, the
Committee notes that the author has not submitted any evidence to substantiate how his exercise of freedom of
conscience or expression has been restricted in Canada. His apparent contention that the deportation proceedings
resulted from the State party's disapproval of his political opinions is refuted by the State party's uncontested
statement that, as early as November 1980, he had been excluded from re-entering Canada on clear national security
grounds (para. 4.2 above). Deportation of an alien on security grounds does not constitute an interference with the
rights guaranteed by articles 18 and 19 of the Covenant. With respect to articles 2 and 26 of the Covenant, the author
has failed to establish how the deportation of an alien on national security grounds constitutes discrimination.
7. The Human Rights Committee therefore decides:
1.
The communication is inadmissible under articles 2 and 3 of the Optional Protocol because the
author's claims are either unsubstantiated or incompatible with the provisions of the Covenant;
2.
This decision shall be communicated to the author and to the State party.
_______________
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