MA6-00156

MA6-00156

Although the Haitian national police was a state apparatus and not a limited brutal organization, the claimant voluntarily joined, held an important administrative position with authority, served six years, had access to and produced reports indicating knowledge of abuses, and failed to resign; these factors give serious reasons to consider he was complicit in police human rights violations and thus he is excluded from refugee protection under Article 1F.

Citation
MA6-00156
Parties
Claimant: XXXXX XXXXX XXXXX; Claimant's Counsel: Me Kathleen Gaudreau; Minister's Counsel: Isabelle Bourgeau; Adjudicator: José wa Tshisungu Tshisungu
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 June 2008
Procedural Posture
Refugee Protection Exclusion Hearing / Decision Following Hearing
Outcome
Claimant excluded from refugee protection
Legal Topics
Exclusion (article 1 F), Complicity in Human Rights Violations, Police Abuses, Minister's Intervention, Convention Refugee Definition
Source Language
English
Immigration Refugee Law International Law Human Rights Exclusion (article 1 F) Complicity in Human Rights Violations Police Abuses Minister's Intervention +1 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

Me Kathleen Gaudreau

Claimant's Counsel

Isabelle Bourgeau

Minister's Counsel

José wa Tshisungu Tshisungu

Adjudicator

Procedural Posture

Refugee Protection Exclusion Hearing / Decision Following Hearing

Legal Issues

  1. 1 Whether the Haitian national police is an organization directed to a limited, brutal purpose
  2. 2 Whether the claimant's voluntary service and duties in an organization that committed human rights violations give serious reasons to consider he was complicit
  3. 3 Whether the claimant should be excluded from refugee protection under Article 1F(a) and (c) of the Convention

Ratio Decidendi

Although the Haitian national police was a state apparatus and not a limited brutal organization, the claimant voluntarily joined, held an important administrative position with authority, served six years, had access to and produced reports indicating knowledge of abuses, and failed to resign; these factors give serious reasons to consider he was complicit in police human rights violations and thus he is excluded from refugee protection under Article 1F.

Court Disposition

Claimant excluded from refugee protection

Orders

  • Claimant is excluded from the refugee protection system pursuant to Article 1F of the Convention and relevant provisions of the Immigration and Refugee Protection Act