TA2-06800

TA2-06800

Because the claimant served as a reserve officer performing personnel selection and administrative tasks for the Colombian army for multiple years, had awareness of publicized army abuses, and engaged in activities that knowingly contributed to the army's operations, there are serious reasons for considering him an accomplice to crimes against humanity and thus Article 1F(a) exclusion under s.98 IRPA applies; he is excluded from Convention refugee status.

Citation
TA2-06800
Parties
Claimant: XXXXXXXXXXXXXXXXXXXX; Refugee Protection Officer: V. Currie; Minister's Counsel / Hearings Officer: David Cranton
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 March 2004
Procedural Posture
Refugee Protection Claim Exclusion Under Article 1 F(a) / Hearing and Post‑hearing Submissions; Decision at Refugee Protection Division
Outcome
Exclusion under Article 1F(a) found; claimant is not a Convention refugee and is not a person in need of protection.
Legal Topics
Article 1 F(a) Exclusion, Complicity and Accomplice Liability, Burden of Proof, Credibility and Documentary Evidence, State Armed Forces Human Rights Violations
Source Language
English
Immigration Refugee Law International Humanitarian Law Crimes Against Humanity Administrative Law Article 1 F(a) Exclusion Complicity and Accomplice Liability Burden of Proof +2 more

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Parties

XXXXXXXXXXXXXXXXXXXX

Claimant

V. Currie

Refugee Protection Officer

David Cranton

Minister's Counsel / Hearings Officer

Procedural Posture

Refugee Protection Claim Exclusion Under Article 1 F(a) / Hearing and Post‑hearing Submissions; Decision at Refugee Protection Division

Legal Issues

  1. 1 Whether there are serious reasons for considering the claimant committed or was complicit in crimes against humanity
  2. 2 Whether part‑time volunteer administrative service in the Colombian army constitutes knowing participation or membership for Article 1F(a) purposes
  3. 3 Assessment of claimant's credibility and documentary country evidence

Ratio Decidendi

Because the claimant served as a reserve officer performing personnel selection and administrative tasks for the Colombian army for multiple years, had awareness of publicized army abuses, and engaged in activities that knowingly contributed to the army's operations, there are serious reasons for considering him an accomplice to crimes against humanity and thus Article 1F(a) exclusion under s.98 IRPA applies; he is excluded from Convention refugee status.

Court Disposition

Exclusion under Article 1F(a) found; claimant is not a Convention refugee and is not a person in need of protection.