MB3-02057

MB3-02057

The panel found documentary evidence established that the JNA committed war crimes and crimes against humanity in Croatia and that the claimant, as a non‑commissioned officer commanding a 30‑man platoon in the 12th mechanized brigade, voluntarily, knowingly and significantly contributed by expanding and maintaining buffer zones that enabled the JNA's criminal operations; therefore there are serious reasons for considering the claimant complicit and his refugee claim is excluded under Article 1F(a).

Citation
MB3-02057
Parties
Claimant: XXXX XXXX; Respondent (minister): Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 January 2018
Procedural Posture
Refugee Protection Claim With Minister's Intervention for Exclusion Under Article 1 F(a) / Final Decision (exclusion)
Outcome
Claim excluded under Article 1F(a) of the Refugee Convention (refugee protection claim denied by reason of exclusion).
Legal Topics
Article 1 F(a) Exclusion, War Crimes, Crimes Against Humanity, Complicity, Standard of Proof, Credibility, Procedural Fairness
Source Language
English
Immigration Law Refugee Law International Criminal Law Human Rights Law Article 1 F(a) Exclusion War Crimes Crimes Against Humanity Complicity +3 more

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Parties

XXXX XXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Respondent (minister)

Procedural Posture

Refugee Protection Claim With Minister's Intervention for Exclusion Under Article 1 F(a) / Final Decision (exclusion)

Legal Issues

  1. 1 Whether there are serious reasons for considering the claimant committed or was complicit in war crimes or crimes against humanity under Article 1F(a)
  2. 2 Whether the claimant made a voluntary, knowing and significant contribution to the JNA's criminal purpose (complicity)
  3. 3 Assessment of claimant credibility and knowledge

Ratio Decidendi

The panel found documentary evidence established that the JNA committed war crimes and crimes against humanity in Croatia and that the claimant, as a non‑commissioned officer commanding a 30‑man platoon in the 12th mechanized brigade, voluntarily, knowingly and significantly contributed by expanding and maintaining buffer zones that enabled the JNA's criminal operations; therefore there are serious reasons for considering the claimant complicit and his refugee claim is excluded under Article 1F(a).

Court Disposition

Claim excluded under Article 1F(a) of the Refugee Convention (refugee protection claim denied by reason of exclusion).