MA0-03931

MA0-03931

The claimant is excluded under Article 1F(a) because there are serious reasons for considering he was complicit through association in crimes against humanity and war crimes: documentary evidence established widespread state crimes in Algeria and the claimant, by voluntarily occupying security positions, had personal and knowing awareness, active and consistent support, and failed to dissociate or take effective steps to prevent or protest the crimes.

Citation
MA0-03931
Parties
Claimant: XXXXX XXXXX; Claimant's Counsel: Me Denis Girard; Minister's Counsel: Claude Beaupré; Refugee Protection Officer: François Toupin; Panel Member: Me Ruth Delisle; Panel Member: Michel Venne; Designated Representative: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 June 2007
Procedural Posture
Refugee Protection – Exclusion Hearing Under Article 1 F(a) / Decision Following Rehearing
Outcome
Claimant excluded from protection under Article 1F(a) of the Convention; not a Convention refugee
Legal Topics
Article 1 F(a) Exclusion, Crimes Against Humanity, Complicity Through Association, Asylum Eligibility, Credibility and Burden of Proof
Source Language
English
Immigration Law Refugee Law International Criminal Law Human Rights Law Article 1 F(a) Exclusion Crimes Against Humanity Complicity Through Association Asylum Eligibility +1 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

Me Denis Girard

Claimant's Counsel

Claude Beaupré

Minister's Counsel

François Toupin

Refugee Protection Officer

Me Ruth Delisle

Panel Member

Michel Venne

Panel Member

N/A

Designated Representative

Procedural Posture

Refugee Protection – Exclusion Hearing Under Article 1 F(a) / Decision Following Rehearing

Legal Issues

  1. 1 Whether the acts of the Algerian government constituted crimes against humanity
  2. 2 Whether the claimant was complicit through association in those crimes
  3. 3 Whether the claimant established a well-founded fear of persecution to qualify as a Convention refugee

Ratio Decidendi

The claimant is excluded under Article 1F(a) because there are serious reasons for considering he was complicit through association in crimes against humanity and war crimes: documentary evidence established widespread state crimes in Algeria and the claimant, by voluntarily occupying security positions, had personal and knowing awareness, active and consistent support, and failed to dissociate or take effective steps to prevent or protest the crimes.

Court Disposition

Claimant excluded from protection under Article 1F(a) of the Convention; not a Convention refugee

Orders

  • Claim dismissed: exclusion under Article 1F(a) upheld; claimant is not a Convention refugee.