CAT/C/46/D/395/2009 flagrant violations of their rights. The complainant adds that the Secretary-General of the United Nations stressed in one of his reports2 that Hizbullah’s maintenance of a paramilitary capacity posed a key challenge to the Lebanese Government. The Lebanese security forces are thus unable to contain Hizbullah and are not in a position to prevent violations against the complainant. 3.2 The complainant claims that the expulsion order is disproportionate to his crime, and that it contradicts the expert opinion that there is only a moderate risk of his reoffending. He also submits that his crime was an isolated incident committed in a state of inebriation and depression in the wake of his marriage break-up. State party’s observations on admissibility and merits 4.1 In a note dated 14 December 2009, the State party contests the admissibility of the complaint on the grounds that it is incompatible with the Convention, that it is insufficiently substantiated and that domestic remedies have not been exhausted. With regard to the merits, the State party denies any violation of article 3 of the Convention. 4.2 The State party recalls that the complainant, who obtained refugee status in 1998 and permanent resident status in Canada in 2000, was found guilty of aggravated assault and sentenced to 2 years’ imprisonment on top of the 25 months already spent in pretrial detention. As a consequence of this conviction, CBSA issued a criminal inadmissibility report in respect of the complainant and transmitted his case to the Immigration Division of the Immigration and Refugee Board for investigation. On 25 April 2008, following a hearing at which the complainant was given the opportunity to speak, the Immigration Division determined that in accordance with domestic legislation,3 the complainant should be effectively prohibited from Canadian territory owing to serious crime, and issued an expulsion order against him. As a result of this expulsion order, the complainant lost his permanent resident status in Canada. He appealed against the decision before the Immigration Appeal Division, but his appeal was rejected on the grounds of lack of jurisdiction. 4.3 When CBSA apprised the complainant of its intention to seek an Opinion from the Minister of Citizenship, Immigration and Multiculturalism regarding the danger the complainant might pose to the Canadian public, the complainant was told that he could, within the next 15 days, submit written comments and documentary evidence concerning the risks he would run if deported to Lebanon. The complainant refused to acknowledge receipt of this letter. On 8 August 2008, the complainant’s counsel asked CBSA to extend the deadline for submitting written comments. This extension was refused since the request had already been transferred to the Minister. Counsel was, however, told that she could submit comments directly to the Minister. On 11 February 2009, CBSA provided the complainant with another opportunity to submit comments, but the complainant did not do so. Thus, at the time of issuance of the Minister’s Opinion, on 20 March 2009, the complainant had still not submitted his comments on the risk to which he would be exposed if deported to Lebanon. The Minister accordingly based his Opinion on the information at his disposal and concluded that there was no risk of violation of article 3 of the Convention. Based on several documentary sources, the Minister’s Opinion determined that since the end of the civil war in Lebanon in 1990, Hizbullah had not posed any danger to the civilian population, particularly to the Shiite community.4 The State party stresses that the 2 3 4 4 Press release SC/9653, 7 May 2009. IRPA, para. 36 (1) (a). These documentary sources included a report of the Integrated Regional Information Network (IRIN) of 17 December 2008, the United States Department of State report for 2008, a report of the GE.11-43850

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