VA5-02108

VA5-02108

Based on credible oral and documentary evidence the LTTE was a limited brutal purpose organization in 1988-1990 and the claimant, by regularly producing and distributing LTTE material and failing to disengage after becoming aware of LTTE atrocities, knowingly contributed to and shared the organization's purpose; the Minister discharged the evidentiary burden and the claimant is excluded from refugee protection under Article 1F(a) and 1F(c).

Citation
VA5-02108
Parties
Claimant: XXXXX XXXXX; Respondent/minister: Minister of Immigration (represented); Refugee Protection Officer: Rex Go
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 July 2007
Procedural Posture
Refugee Protection Exclusion Under Article 1 F / Exclusion Hearing and Decision
Outcome
Claimant excluded from refugee protection under Article 1F(a) and 1F(c) of the 1951 Convention
Legal Topics
Article 1 F Exclusion, Complicity, Crimes Against Humanity, Terrorism, Personal and Knowing Participation, Burden of Proof
Source Language
English
Immigration Refugee Law International Law Criminal Law Administrative Law Article 1 F Exclusion Complicity Crimes Against Humanity +3 more

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Parties

XXXXX XXXXX

Claimant

Minister of Immigration (represented)

Respondent/minister

Rex Go

Refugee Protection Officer

Procedural Posture

Refugee Protection Exclusion Under Article 1 F / Exclusion Hearing and Decision

Legal Issues

  1. 1 Whether the claimant was complicit in crimes against humanity under Article 1F(a) and 1F(c) of the 1951 Convention
  2. 2 Whether the Liberation Tigers of Tamil Eelam (LTTE) constituted an organization of limited and brutal purpose during 1988-1990
  3. 3 Whether the claimant's employment activities amounted to personal and knowing participation or materially supported the LTTE

Ratio Decidendi

Based on credible oral and documentary evidence the LTTE was a limited brutal purpose organization in 1988-1990 and the claimant, by regularly producing and distributing LTTE material and failing to disengage after becoming aware of LTTE atrocities, knowingly contributed to and shared the organization's purpose; the Minister discharged the evidentiary burden and the claimant is excluded from refugee protection under Article 1F(a) and 1F(c).

Court Disposition

Claimant excluded from refugee protection under Article 1F(a) and 1F(c) of the 1951 Convention

Orders

  • Minister's application for exclusion granted
  • Claimant's refugee protection claim excluded under Article 1F(a) and 1F(c)