Communication
2838/2016
Submission: 2016.10.18
View Adopted: 2021.03.17
The author is a stateless Palestinian who was involved in spying activities for the FBI, mainly working in counter terrorism operations against Hizbullah. After his identity was revealed his family staying in Lebanon received threats and he saw his residency status in the US revoked. He left the US to Canada and applied for asylum. His application for asylum was rejected, as well as his application for permanent residence in Canada on humanitarian and compassionate grounds. The author submits that his decision to deport him to Lebanon violates articles 6 and 7 of the Covenant because he claims Hizbullah is targeting him in Lebanon and the country is unsafe due to the dangerous general situation for Palestinians since the events in Syria including activities of ISIL. He also claims a breach of article 2 and 6 of the Covenant because the Canadian authorities refused to stop his deportation although he filed an application for pre-removal assessment including new evidence of risk to his life.
The Committee considers that the claim made under article 2 and 6 of the Covenant is insufficiently substantiated because his allegations contain no specific reason capable of showing a breach of his right to an effective remedy. The committee will only examine the claim made under articles 6 and 7 of the Covenant.
The Committee considers that the facts and circumstances of the case do not provide substantial grounds for establishing a real risk of irreparable harm for the author upon return to Lebanon. In addition , the Committee has not been given concrete reasons as to whether there is an actual threat to his life and his family in Lebanon. Moreover, he has not sufficiently substantiated a personal risk on his life stemming from the general situation of Palestinians in Lebanon of the impact of the Syrian civil war in the country. The Committee cannot conclude that there is a violation of the alleged rights.
