MA3-09245

Claimant admitted he guarded women detained for forced abortions and participated in enforcement of the one-child policy; that conduct constitutes complicity in crimes against humanity (forced pregnancy/forced abortion) and therefore he is excluded from protection under paragraph 1F(a) of the Convention.

Citation: MA3-09245
Parties: Claimant: XXXXX XXXXX XXXXX; Claimant's Counsel: Me Sabine Venturelli; Refugee Protection Officer: Patricia Nobl; Panel Member: Léon Graub
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 24 March 2004
Procedural Posture: Refugee Protection Exclusion Under Paragraph 1 F(a) / Decision
Outcome: Excluded under paragraph 1F(a) of the Refugee Convention; not a Convention refugee or person in need of protection
Legal Topics: Exclusion (1 F(a)), One Child Policy, Forced Abortion, Crimes Against Humanity, Complicity
Source Language: English

Immigration Refugee Law International Criminal Law Human Rights Exclusion (1 F(a)) One Child Policy Forced Abortion Crimes Against Humanity +1 more

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Full judgment text Legal principles 4 Authorities cited 7 Party arguments 2

Parties

XXXXX XXXXX XXXXX

Claimant

Me Sabine Venturelli

Claimant's Counsel

Patricia Nobl

Refugee Protection Officer

Léon Graub

Panel Member

Procedural Posture

Refugee Protection Exclusion Under Paragraph 1 F(a) / Decision

Legal Issues

1 Whether claimant's conduct amounted to participation or complicity in crimes against humanity
2 Whether forced abortion amounts to a crime against humanity for exclusion purposes
3 Whether paragraph 1F(a) of the Refugee Convention applies to exclude the claimant

Ratio Decidendi

Court Disposition

Excluded under paragraph 1F(a) of the Refugee Convention; not a Convention refugee or person in need of protection