TA1-18022

TA1-18022

Documentary evidence established that MQM(A) has engaged in widespread violence amounting to crimes against humanity; the claimant knowingly and willingly funded and fundraised for MQM and MQM(A), including activities from Canada; the claimant's account of persecution was found not credible; because financing and active support make him complicit, there are serious reasons for considering he was complicit in crimes against humanity and he is excluded under Article 1F(a).

Citation
TA1-18022
Parties
Claimant: XXXXXXXXXXXXXXXXXXX; Minister's Counsel: Terry MacKay; Refugee Protection Officer: Mary Kramar; Decision Maker: James C. Simeon
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 February 2003
Procedural Posture
Refugee Protection Claim With Exclusion Under Article 1 F(a) of the 1951 Refugee Convention / Hearing Concluded and Decision Issued
Outcome
Claim for refugee protection rejected; claimant excluded from Convention refugee status under Article 1F(a) and not a person in need of protection under IRPA
Legal Topics
Article 1 F(a) Exclusion, Crimes Against Humanity, Terrorism, Complicity and Financing, Credibility Findings, Standard of Proof for Exclusion
Source Language
English
Immigration Law Refugee Law International Criminal Law Human Rights Law Article 1 F(a) Exclusion Crimes Against Humanity Terrorism Complicity and Financing +2 more

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Parties

XXXXXXXXXXXXXXXXXXX

Claimant

Terry MacKay

Minister's Counsel

Mary Kramar

Refugee Protection Officer

James C. Simeon

Decision Maker

Procedural Posture

Refugee Protection Claim With Exclusion Under Article 1 F(a) of the 1951 Refugee Convention / Hearing Concluded and Decision Issued

Legal Issues

  1. 1 Whether there are serious reasons for considering the claimant complicit in crimes against humanity under Article 1F(a) due to support and financing of MQM/MQM(A)
  2. 2 Whether the claimant's allegations of persecution by MQM(Haqiqi) are credible
  3. 3 Whether financing and fundraising for an organization that commits international crimes establishes complicity

Ratio Decidendi

Documentary evidence established that MQM(A) has engaged in widespread violence amounting to crimes against humanity; the claimant knowingly and willingly funded and fundraised for MQM and MQM(A), including activities from Canada; the claimant's account of persecution was found not credible; because financing and active support make him complicit, there are serious reasons for considering he was complicit in crimes against humanity and he is excluded under Article 1F(a).

Court Disposition

Claim for refugee protection rejected; claimant excluded from Convention refugee status under Article 1F(a) and not a person in need of protection under IRPA

Orders

  • Claimant's refugee protection claim rejected
  • Claimant excluded from Convention refugee status under Article 1F(a)