MB0-02293

MB0-02293

Documentary evidence established that BNP leaders and members committed systematic human rights abuses between 2001 and 2006 that are contrary to UN purposes and principles; applying the established complicity factors, the claimant's sustained leadership role, knowledge, participation and voluntary long‑term membership give serious reasons for considering him complicit, thus excluding him under Article 1F(c) and IRPA s.98.

Citation
MB0-02293
Parties
Claimant: XXXXX XXXXX; Intervenor (minister): Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 April 2012
Procedural Posture
Refugee Protection Exclusion Under Article 1 F(c) / Decision Following Hearing
Outcome
Claim rejected; claimant excluded from Convention protection under Article 1F(c) and IRPA s.98.
Legal Topics
Exclusion Article 1 F(c), Complicity, Acts Contrary to Purposes and Principles of the United Nations, Convention Refugee Determination
Source Language
English
Immigration Refugee Law Human Rights Exclusion Article 1 F(c) Complicity Acts Contrary to Purposes and Principles of the United Nations Convention Refugee Determination

Case Brief

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Parties

XXXXX XXXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Intervenor (minister)

Procedural Posture

Refugee Protection Exclusion Under Article 1 F(c) / Decision Following Hearing

Legal Issues

  1. 1 Whether BNP acts constituted acts contrary to the purposes and principles of the United Nations
  2. 2 Whether the claimant was complicit in those acts such that exclusion under Article 1F(c) applies
  3. 3 Application of Pushpanathan criteria to characterize acts and Ramirez factors to assess complicity

Ratio Decidendi

Documentary evidence established that BNP leaders and members committed systematic human rights abuses between 2001 and 2006 that are contrary to UN purposes and principles; applying the established complicity factors, the claimant's sustained leadership role, knowledge, participation and voluntary long‑term membership give serious reasons for considering him complicit, thus excluding him under Article 1F(c) and IRPA s.98.

Court Disposition

Claim rejected; claimant excluded from Convention protection under Article 1F(c) and IRPA s.98.

Orders

  • Claimant's refugee claim rejected
  • Claimant excluded from protection under Article 1F(c) of the Convention pursuant to IRPA s.98