MB0-02259

MB0-02259

Documentary evidence established that BNP members and state actors committed disappearances, torture and extrajudicial killings (2001-2006) amounting to persecution and acts contrary to UN purposes; applying the six-factor complicity test the claimant held a sufficiently senior, long-standing, knowing and voluntary position in the BNP such that there are serious reasons to consider he was personally and knowingly complicit in those acts, therefore he is excluded under Article 1F(c) and the refugee claim is rejected.

Citation
MB0-02259
Parties
Claimant: XXXX XXXX; Intervener: Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 November 2012
Procedural Posture
Refugee Protection Claim With Exclusion Hearing Under IRPA / Hearing and Final Decision (refugee Protection Division)
Outcome
Claim rejected; claimant excluded from protection under Article 1F(c) of the Refugee Convention and not found to be a Convention refugee or a person in need of protection.
Legal Topics
Article 1 F(c) Exclusion, Complicity, Crimes Against Humanity, Risk of Torture, IRPA Sections 96, 97, 98, 170
Source Language
English
Immigration Law Refugee Law International Human Rights Law Administrative Law Article 1 F(c) Exclusion Complicity Crimes Against Humanity Risk of Torture +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Intervener

Procedural Posture

Refugee Protection Claim With Exclusion Hearing Under IRPA / Hearing and Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is excluded under Article 1F(c) of the Refugee Convention
  2. 2 Whether claimant was complicit in acts contrary to the purposes and principles of the United Nations
  3. 3 Characterization of BNP conduct (2001-2006) as persecution/acts contrary to UN purposes

Ratio Decidendi

Documentary evidence established that BNP members and state actors committed disappearances, torture and extrajudicial killings (2001-2006) amounting to persecution and acts contrary to UN purposes; applying the six-factor complicity test the claimant held a sufficiently senior, long-standing, knowing and voluntary position in the BNP such that there are serious reasons to consider he was personally and knowingly complicit in those acts, therefore he is excluded under Article 1F(c) and the refugee claim is rejected.

Court Disposition

Claim rejected; claimant excluded from protection under Article 1F(c) of the Refugee Convention and not found to be a Convention refugee or a person in need of protection.

Orders

  • Claim rejected
  • Claimant excluded from Convention protection pursuant to Article 1F(c) and section 98 of the IRPA