TA3-04657

TA3-04657

The principal claimant is excluded under Article 1F(a) because there are serious reasons for considering he was complicit in crimes against humanity: the brigade committed widespread and systematic crimes, and the claimant's prolonged service, rank, duties, personal participation, knowledge of atrocities and demonstrated tolerance/continuing membership establish personal and knowing participation and a shared common purpose; the dependent family members are found to have well-founded fear and are accepted as Convention refugees.

Citation
TA3-04657
Parties
Principal Claimant: XXXXX XXXXX; Second Claimant: XXXXX XXXXX XXXXX XXXXX; Third Claimant: XXXXX XXXXX XXXXX XXXXX; Fourth Claimant: XXXXX XXXXX XXXXX XXXXX; Fifth Claimant: XXXXX XXXXX XXXXX XXXXX; Refugee Protection Officer: Refugee Protection Officer; Designated Representative: XXXXX XXXXX; Minister: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 March 2007
Procedural Posture
Refugee Protection Claim / Hearing and Final Decision
Outcome
Principal claimant's refugee protection claim rejected by exclusion under Article 1F(a); second, third, fourth and fifth claimants accepted as Convention refugees
Legal Topics
Article 1 F(a) Exclusion, Particular Social Group, State Protection, Internal Flight Alternative, Well Founded Fear, Complicity and Accomplice Liability, Knowledge and Shared Common Purpose
Source Language
English
Refugee Protection Immigration International Law Crimes Against Humanity Exclusion From Protection Article 1 F(a) Exclusion Particular Social Group State Protection +4 more

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Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX

Second Claimant

XXXXX XXXXX XXXXX XXXXX

Third Claimant

XXXXX XXXXX XXXXX XXXXX

Fourth Claimant

XXXXX XXXXX XXXXX XXXXX

Fifth Claimant

Refugee Protection Officer

Refugee Protection Officer

XXXXX XXXXX

Designated Representative

Minister of Citizenship and Immigration

Minister

Procedural Posture

Refugee Protection Claim / Hearing and Final Decision

Legal Issues

  1. 1 Whether the principal claimant is excluded under Article 1F(a) for crimes against humanity
  2. 2 Whether the principal and dependents have a well-founded fear of persecution in Colombia
  3. 3 Whether state protection or an internal flight alternative is available

Ratio Decidendi

The principal claimant is excluded under Article 1F(a) because there are serious reasons for considering he was complicit in crimes against humanity: the brigade committed widespread and systematic crimes, and the claimant's prolonged service, rank, duties, personal participation, knowledge of atrocities and demonstrated tolerance/continuing membership establish personal and knowing participation and a shared common purpose; the dependent family members are found to have well-founded fear and are accepted as Convention refugees.

Court Disposition

Principal claimant's refugee protection claim rejected by exclusion under Article 1F(a); second, third, fourth and fifth claimants accepted as Convention refugees

Orders

  • Principal claimant excluded under Article 1F(a) and claim rejected
  • Second, third, fourth and fifth claimants accepted as Convention refugees and their claims allowed