TA2-17942

TA2-17942

The claimant was excluded under Article 1F(a) because the evidence established that the Colombian National Police committed crimes against humanity during his service and the claimant, by virtue of his rank, positions, duration of service, voluntary enlistment and admitted/inferrable knowledge, had personal and knowing participation and shared the organization's purpose, meeting the threshold of 'serious reasons for considering' complicity.

Citation
TA2-17942
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Minister: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 March 2007
Procedural Posture
Refugee Protection Hearing With Article 1 F(a) Exclusion Consideration / Refugee Protection Division Decision (exclusion Determination)
Outcome
Claimant excluded from refugee protection; claim rejected under Article 1F(a) and IRPA s.98.
Legal Topics
Article 1 F(a) Exclusion, Crimes Against Humanity, Complicity/accomplice Liability, Particular Social Group, State Protection/internal Flight Alternative, Burden and Standard of Proof, Natural Justice/interlocutory Rulings
Source Language
English
Immigration Refugee Law International Criminal Law Administrative Law Human Rights Article 1 F(a) Exclusion Crimes Against Humanity Complicity/accomplice Liability +4 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister (Respondent)

Minister

Procedural Posture

Refugee Protection Hearing With Article 1 F(a) Exclusion Consideration / Refugee Protection Division Decision (exclusion Determination)

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee or person in need of protection
  2. 2 Whether there are serious reasons for considering the claimant complicit in crimes against humanity under Article 1F(a)
  3. 3 Whether state protection or internal flight alternative is available

Ratio Decidendi

The claimant was excluded under Article 1F(a) because the evidence established that the Colombian National Police committed crimes against humanity during his service and the claimant, by virtue of his rank, positions, duration of service, voluntary enlistment and admitted/inferrable knowledge, had personal and knowing participation and shared the organization's purpose, meeting the threshold of 'serious reasons for considering' complicity.

Court Disposition

Claimant excluded from refugee protection; claim rejected under Article 1F(a) and IRPA s.98.

Orders

  • Claim for refugee protection rejected
  • Claimant excluded from Convention refugee and person in need of protection status