CCPR/C/116/D/2060/2011
section 36 (2) (b) of the Immigration and Refugee Protection Act. At the conclusion of a
hearing held on 19 December 2002, a deportation order was issued against him.
2.5
In 2002 and 2003, the author was charged with 12 counts of assault against B.N. and
A.M., but the charges were later withdrawn. In this context, on 19 February 2004, he was
the subject of a peace bond, which required that he have no contact with B.N. or A.M. for
one year.
2.6
On 8 December 2003, the Immigration and Refugee Board rejected the author’s
request for refugee protection, stating that the author had failed to provide any evidence
concerning his allegations of persecution by the War Veterans Association and that he had
failed to correct or explain the inconsistencies between his testimony at the hearing and the
allegations contained in his Personal Information Form, notably with respect to the timing
of his refugee claim and allegations concerning the persecution of his family in Zimbabwe.
As to his affiliation with the Movement for Democratic Change in Canada, the Board noted
that he had joined the Movement a few months after claiming refugee protection and that he
had not offered evidence concerning his alleged activities as a fundraiser for that
organization.
2.7
On 31 May 2004, the author filed an application for a pre-removal risk assessment
(PRRA) with Citizenship and Immigration Canada, alleging essentially the same risks of
persecution as contained in his application for refugee protection.
2.8
On 12 July 2004, the author pleaded guilty before a court in Ontario to charges of
fraud in an amount that exceeded Can$ 5,000 and failure to comply with a condition of
recognizance, in violation of sections 380 (1) and 145 (3) of the Criminal Code of Canada,
respectively. He was sentenced to one day in jail on each charge (to be served concurrently,
in addition to the 18 days of pretrial custody he had served) and restitution of Can$ 7,340,
which he performed.
2.9
On 18 October 2004, a negative decision on his PRRA application was issued as the
author had failed to establish that he would be at risk of persecution upon his return to
Zimbabwe. The PRRA officer found, inter alia, that the author’s statements and the
evidence submitted by him in support of his case had either been fabricated or was
unreliable; that he had not provided evidence of his alleged activities for the Canada Branch
of the Movement for Democratic Change or that he had been in the past or would be
perceived as an opponent of the Government of Zimbabwe, nor had he demonstrated that
the authorities of Zimbabwe had been aware of any Movement activities in which he
participated. Furthermore, the country’s poor human rights record was not sufficient to
conclude that he could be at risk of persecution if deported. At the end of the pre-removal
refugee assessment PRRA proceedings, the author informed the Canada Border Services
Agency that he was unable to attend the interview to receive his PRRA decision as he had
relocated from Mississauga to Calgary. In February 2005, he also failed to report to the
Agency in Calgary to receive his PRRA decision. A warrant for his arrest was issued. In
April 2005, the author was arrested and subsequently released on a cash bond. In August
2005, the author returned to Mississauga.
2.10 On 9 December 2005, the author was convicted of impersonating with intent in a
matter dealing with a mortgage application, in violation of section 403 (a) of the Criminal
Code. He received a suspended sentence and 18 months’ probation.
2.11 On 1 February 2007, the author was charged with issuing forged documents, fraud
in an amount that did not exceed Can$ 5,000, failure to comply with a probation order,
unauthorized use of a credit card, conspiracy to commit fraud, fraud in an amount that
exceeded Can$ 5000, possession of property obtained by crime with a value of over Can$
5,000 and selling a counterfeit mark. He was imprisoned on the same day. On 5 April, he
pleaded guilty and was sentenced to 100 days’ imprisonment on each charge, to be served
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