be regarded as an abuse of the right of submission under
article 3 of the Optional Protocol.
The Human Rights Committee therefore decides:
The communication is inadmissible.
(с) That the author has himself indicated that he still
intends to pursue further domestic remedies.
The Committee concludes that, in these cir
cumstances, the submission of the communication must
TWELFTH SESSION
Communication No. 68/1980
Submitted by: A. S. on 23 May 1980
Alleged victims: The author, her daughter and grandson
State party: Canada
Date of decision on inadmissibility: 31 March 1981 (twelfth session)
create an employment opportunity for her daughter
and/or grandson. The author was then told to go ahead
and to purchase the business in question, but since she is
fully employed herself and would need the assistance of
her daughter and grandson to run the business, she felt
she would not be in a position to purchase, without any
assurances that they would be permitted to enter
Canada. The immigration authorities then requested,
and were furnished with, relevant information concern
ing the author's income and assets, showing that she is
able fully to support her daughter and grandson, being
the owner of four housing units in Windsor, all without
encumbrance, and having also a steady full-time job, as
well as funds in a bank account. This information was
furnished to the immigration authorities in June 1979.
In spite of repeated inquiries, the author has been
unable to obtain any further information about the
matter. She feels that her daughter and grandson are
unjustly being kept away from her and points out that,
in the absence of an entry permit, her daughter and
grandson are unable to make the necessary application
for permission to leave Poland. She states that there are
no domestic remedies that could be further pursued.
Immigration—Protection of the family—Equal protec
tion of the law—Compatibility of communication
with Covenant—Inadmissibility ratione materiae—
Jurisdiction of State party over victim
Articles of Covenant: 12, 17, 23 and 26
Article of Optional Protocol: 1 and 3
1. The author of the communication (letter dated 23
May 1980) is a Canadian citizen of Polish origin, at
present residing in Ontario, Canada. She submitted the
communication on her own behalf and on behalf of her
daughter and grandson, alleging that all her efforts to
obtain permission from the Canadian authorities for her
daughter and grandson to enter Canada in order to join
her have been in vain. Without specifying a breach of
any particular article of the International Covenant on
Civil and Pohtical Rights, she seeks the Committee's
assistance in the matter and describes the relevant facts
as follows:
2. The author, who was born in Poland, is a Ca
nadian citizen, living in Ontario, Canada. Her
daughter, B, born in 1946, and her daughter's son, C,
born in 1964, live at Torun, Poland. They are both
PoUsh nationals.
4. By its decision of 21 July 1980, the Human Rights
Committee transmitted the communication under rule
91 of the provisional rules of procedure to the State
party concerned, requesting information and observa
tions relevant to the question of admissibility of the
communication, and drawing the State party's attention
in particular to the provisions of articles 12, 17, 23 and
26 of the International Covenant on Civil and Political
Rights.
3. In the spring of 1977, the author filed an applica
tion on behalf of her daughter and grandson at the ap
propriate Canadian Immigration Office, requesting per
mission for them to enter Canada in order to join the
author as permanent residents. Six months later, her
daughter was informed by the Canadian Consul in War
saw, Poland, that she was not eligible for entry into
Canada, because she did not have a profession and that,
before the Canadian authorities could proceed further,
an employment guarantee would have to be procured
for her. An employment guarantee was thereupon ob
tained in the author's home town, Windsor, Ontario,
but the Windsor Department of Manpower concluded,
upon inquiry, that there were already people available
for the job in question (the job of a sales person in a pet
store). The author informed the immigration authorities
in 1979 that she was willing and able to buy a small
business in Windsor (a confectionery store) in order to
5.1 In its reply dated 2 December 1980, the State
party objected to the admissibility of the communica
tion on the ground that the facts of the case did not
reveal any breach of the rights protected under articles
12, 17, 23 and 26 of the Covenant on Civil and Political
Rights, and that furthermore the communication did
not meet the requirements of article 1 of the Optional
Protocol (which stipulates that the Committee has com
petence to receive and consider communications from
individuals subject to a State party's jurisdiction), since
27
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