View Adopted: 2019.07.26
The author is a Kurdish national, who alleges he left Turkey in 1990 fleeing persecution, arbitrary detention and torture by Turkish authorities due to his trade union membership and Kurdish ethnicity. Soon after arriving in Canada, the author co-founded the Kurdish Community and Information Centre, which is a cultural organization helping Turkish Kurds settle in Toronto.
The author applied for permanent residence which ws eventually granted, however there was a 13 year delay in processing which the author alleges is due to an assumption that he was a member of the PKK. The author alleges a violation of his rights under articles 2 (3), 14 (1), 17 (2), 19 (2), 22 and 26 of the Covenant owing to the state party deliberately failing to process his application for residence in a timely manner.
The Committee considered that due to the author ceasing his case at the domestic level, that they will not consider the author's claim with respect to article 14, neither regarding admissibility nor merits.