CCPR/C/117/D/2387/2014
the one hand, of the significance of the State party’s reasons for the removal of the person
concerned and, on the other hand, of the degree of hardship the family and its members
would encounter as a consequence of such removal. 31
8.8
The Committee notes that in the present case, the State party’s Immigration and
Refugee Protection Act expressly provides that the permanent residency status of a nonnational may be revoked if the person is convicted of a serious offence carrying a term of
imprisonment of at least two years. The Committee also notes the State party’s observation
that the authorities acted neither unlawfully nor arbitrarily and that the minimal disruption
to the author’s family life was outweighed by the gravity of the author’s crimes. The
Committee further notes the author’s criminal record, which started in 1998, at the age of
19, and has continued for over 13 years, totalling 12 criminal convictions including for
offences of a violent nature and punishable by long prison terms. It notes that the author’s
convictions led to inadmissibility reports, first in January 2002, and a removal order of 7
April 2008.
8.9
The Committee also notes the author’s claim that he maintains a close relationship
with his mother, sisters and brother; that he used to be his mother’s primary caregiver; that
he is planning to support her further; and that his deportation would lead to a complete
disruption of his family ties due to the impossibility for his family to travel to Somalia and
for him to apply for a visitor’s visa to visit them in Canada for a long time.
8.10 The Committee observes that the author has not resided in Somalia since 1990 and
that he does not have any family there; that he has lived in Canada for over 23 years where
his mother, sisters and brothers all live; that he would have only limited clan support in his
country of origin; and that the means to maintain regular correspondence between the
author and his family would be limited. It notes the author’s claim that his criminal
offences arose from alcohol addiction and that he has committed to a rehabilitation
programme. The Committee also notes that the intensity of the author’s family ties with his
mother, sisters and brothers is questioned by the State party, which submits that the author
has limited contact with his siblings; that as a result of his detention his family was not
involved in his rehabilitation and that the family ties and support did not prevent him from
committing criminal offences. The Committee further notes the State party’s assertion that
independent support is available to the author’s mother; that the author lived in Somalia
until the age of 11; that he speaks Somali, albeit with difficulty; and that he is a member of
a majority clan.
8.11 In the light of the above, the Committee considers that the interference with the
author’s family life, while significant, would not be disproportionate to the legitimate aim
of preventing the commission of further crimes and protecting the public. The Committee
therefore concludes that the author’s deportation to Somalia, if implemented with due
account of the ongoing need to assess the security situation in Mogadishu and southern and
central Somalia, including for so-called Western returnees with limited family and clan
support, 32 would not constitute a violation of articles 17 and 23 (1), read alone and in
conjunction with article 2 (3) of the Covenant.
9.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it do not permit it to conclude that the author’s removal to Somalia
would, if implemented, violate his rights under articles 6 (1), 7, 17 and 23 (1), read alone
and in conjunction with article 2 (3) of the Covenant.
31
32
GE.17-03930
See Madafferi et al. v. Australia, para. 9.8.
See, for example, UNHCR, “UNHCR position on returns to southern and central Somalia (update I)”
(May 2016), paras. 6 and 20, and the United Kingdom, Home Office, “Country information and
guidance: south and central Somalia: majority clans and minority groups” (March 2015), para. 2.2.5.
Available from www.refworld.org/docid/550a8ec34.html.
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